Maine Inlani 

Fish and Game Laws. 

1903 REVISION. 



1903 EDITION 



OF THE 



Inland Fish and Game Laws 



OF THE 



STATE OF MAINE. ^,-0,.*^ 



Contains all the Inland Fish and Game Laws. 



COMPILED BY L. T. CARLETON. 

Of the Commission and published by order of the 
Legislature. 



Commissioners: 



ii.' b. st^anley: '' 

E. E. RING. 



lb 



4^\ 



^' 



.^ 



20 NOV 1905 
D.ofD, 






PART FIRST. 



WHEN YOU CAN FISH AND WHEN YOU 
CANNOT FISH. 

THE GENERAL LAW PROVIDING FOR AN 
"OPEN" AND "CLOSE SEASON" ON LAND- 
LOCKED SALMON, TROUT, TOGUE AND 
WHITE PERCH. 

"OPEN" AND "CLOSE SEASON" DEFINED. 

Chapter 30 of the revised statutes, as amended by- 
section 22 of chapter 42 of the public laws of 1899, and 
as amended by section 3 of chapter 222 of the public 
laws of 1901, (which is section 18 of chapter 30 of the 
new edition of the statutes) provides, "The words 
'close season' and 'close time' shall mean the time or 
period during which it is unlawful to hunt, shoot, 
wound, trap, or destroy any bird or animal, or fish for 
or catch any fish, and the words 'open season' shall 
mean the time or period during which it shall be lawful 
to take these anim.als, fish and birds as specified and 
limited by law." 

THE LAWS RELATING TO FISH AND FISHING 
ARE AS FOLLOWS: 

Chapter 30 of the revised statutes, as amended by 
section 5 of chapter 42 of the public laws of 1899, and 
chapter 225, public laws 1903, (which is section i of 
chapter' 30 of the new edition of the revised statutes), 
provides that, 

"There shall be an annual close time for landlocked 
salmon, trout, togue and white perch, as follows: for 
landlocked salmon, trout and togue, from the first day 



of October until the ice is out of the pond, lake or river 
fished in the following spring of each year, except on 
the St. Croix river and its tributaries, and on all the 
waters of Kennebec county, in which the close time 
shall be from the fifteenth day of September until the 
ice is out of the ponds and lakes the following spring, 
and in Franklin county in which the close time shall be 
from October first till May first, and except Sebago 
lake, in Cumberland county, on which the close time 
shall be from October first to April first, and except 
Wilson pond in Wilton, in Franklin county, on which 
the close time shall be from October first until the ice 
is out of said lake the following spring; but for white 
perch, the close time shall be from the first day of 
April to the first day of July: no person shall take, 
catch, kill or fish for, in any manner, any landlocked 
salmon, trout, togue, or white perch in any of the waters 
of this State or have the same in possession, in close 
time, under a penalty of not less than ten dollars nor 
more than thirty dollars, and a further fine of one 
dollar for each fish thus caught, taken, or killed; pro- 
vided, however, that any person lawfully trolling for 
trout, landlocked salmon, or togue, in good faith, who 
shall accidentally hook or catch a white perch may law- 
fully keep the same; and provided, that during Feb- 
ruary, March and April, citizens of this State may fish 
for and take landlocked salmon, trout, and togue, with 
not more than five set lines for each family, when fish- 
mg through the ice in the day time, and when under the 
immediate personal superintendence of the person fish- 
ing, and may convey them to their own homes for con- 
sumption therein, but not otherwise; but no citizen of 
the State during this time shall be permitted to catch 
more than twenty pounds or one fish, of any of the 
above named fish in any one day." 



PROHIBITED DEVICES IN FISHINCx. 

Chapter 30 of the revised statutes, as amended, (which 
is section 2 of chapter 30 of the new edition of the 
revised statutes), provides that, 

"Whoever fishes for, takes, catches, kills, or destroys 
any fish, with fish spawn or grapnel, spear, trawl, weir, 
seine, trap, or set lines, except when fishing through the 
ice, and then with not more than five set lines in the 
day time, or with any device, or in any other way than 
by the ordinary mode of angling with single baited 
hooks and lines, artificial flies, artificial minnows, arti- 
ficial insects, spoon hooks and spinners, so called, shall 
be fined not less than ten nor more than thirty dollars 
for each offense; and when such prohibited implements 
or devices are found in use or possession, they are for- 
feit and contraband, and any person finding them in 
use, may destroy them." 

(Note. — It is lawful to use a dip or landing net to 
land your fish after you have caught it). 

Chapter 30 of the revised statutes, as amended, (which 
is section 4 of chapter 30 of the new edition of the 
revised statutes), provides that, 

DYNAMITE AND OTHER EXPLOSIVES PRO- 
' HIBITED. 

"No person shall use dynamite or other explosives 
or any poisonous or stupefying substance whatever, for 
the purpose of destroying or taking fish, imder a penalty 
of one hundred dollars and. in addition thereto, two 
months' imprisonment in the county jail for each 
offense." 

MAY TAKE MINNOWS AND OTHER BAIT 
F[SH FOR ONE'S OWN USE. 
Chapter 30 of the revised statutes, as amended, (which 
is section 2 of the new edition of the revised statutes), 
provides that, 



"It shall be lawful to take niinnows and other bait 
fish, commonly used for live bait, for one's own use in 
fishing, in any of the closed streams in this State, and 
to take smelts for consumption in the family of the 
person taking them,." 

NUMBER OF POUNDS OF TOGUE THAT MAY 
BE TAKEN IN ANY ONE DAY. 

Chapter 146 of the public laws of 1901, (which is sec- 
tion 3 of chapter 30 of the new edition of the revised 
statutes), provides that, 

"It shall be lawful for inhabitants of this state when 
fishing through the ice in the day time, during the 
months of February, March and April as now provided 
by law, to take, catch and have in possession 40 pounds 
of togue instead of 20 pounds as now provided by law." 

LENGTH OF SALMON AND TROUT THAT 
MAY BE TAKEN. 

Chapter 30 of the revised statutes, as amended, (which 
is section 42 of chapter 30 of the new edition of the 
revised statutes), provides that, 

"Whoever kills or destroys any sea salmon or land- 
locked salmon less than nine inches in length, or any 
trout less than five inches in length, forfeits five dollars 
for the offense and fifty cents for every landlocked 
salmon or trout so killed or destroyed. Whoever has 
in possession any salmon or trout of less "than the above 
dimensions shall be deemed to have taken it in viola- 
tion of this section.*' 

IT IS UNLAWFUL TO CATCH OR TRANSPORT 
OR HAVE IN POSSESSION MORE THAN 
TWENTY-FIVE POUNDS OF TROUT, LAND- 
LOCKED SALMON OR WHITE PERCH IN 
ANY ONE DAY. 
Chapter 30 of the revised statutes, as amended, (which 

is section 3 of the new edition of the revised statutes), 

provides that. 



"No person shall transport more than twenty-five 
pounds of landlocked salmon, trout, togue, or white 
perch, in all, at any one time; nor shall any such be 
transported except in the possession of the owner 
thereof, plainly labelled thereon with the owner's name 
and residence, except as is provided in section 26 of 
this chapter; nor shall any corporation transport more 
than twenty-five pounds in all, of said fish, at one time, 
as the property of any one person ; nor shall any person 
take, catch, kill, or have in possession in any one day 
more than twenty-five pounds in all, of the above named 
fish, (except as provided in section i as to fishing for 
togue through the ice). Whoever violates any of the 
provisions of this section shall be punished by a fine of 
fifty dollars for each offense and one dollar for every 
pound of fish so taken or being transported, in excess 
of twenty-five pounds ; and all such fish being so trans- 
ported or taken in violation of this section may be seized 
and shall be forfeited to the State. Whoever has in 
his possession more than twenty-five pounds in all, of 
said fish, shall be deemed to have taken them in violation 
of this section; provided, however, that the taking of 
one fish additional having less than twenty-five pounds, 
or less than twenty pounds (of any fish except togue, 
or less than forty pounds of togue,) when fishing 
through the ice, shall not be regarded as a violation of 
the law." 

INTRODUCTION OF CERTAIN BIRDS, FISH 
AND ANIMAf.S PROHIBITED. 

Chapter 30 of the revised statutes, as amended, (which 
is section 5 of chapter 30 of the new edition of the 
revised statutes), provides that, 

"Whoever introduces fish of any kind into any of the 
waters of the state by means of live fish or otherwise, 
or whoever introduces wild birds or wild animals of 
any kind or species, into the state except upon written 



8 



permission of the commissioners of inland fisheries and 
game, shall forfeit not less than fifty dollars nor more 
than five hundred dollars." 

POSSESSION OF JACK LIGHTS, SPEARS, 
TRAWLS, NETS, ILLEGAL WHEN. 

Chapter 30 of the revised statutes, as amended, (which 
is section 5 of chapter 30 of the new edition of the 
revised statutes), provides that, 

"The having in possession of any jack light, spear, 
trawl, or net, other than a dip net, in any camp, lodge, 
or place of resort for hunters or fishermen, in the 
inland territory of the state, shall be prima facie evi- 
dence that the same are kept for unlawful use ; and they 
may be seized by any officer authorized to enforce the 
inland fish and game laws. Whoever is convicted of 
having any of the above named implements in his pos- 
session unlawfully as aforesaid, shall be fined fifty 
dollars and costs of prosecution." 

EELS, SUCKERS, WHITE FISH AND CUSK. 

Chapter 30 of the revised statutes, as amended, (which 
is section 6 of chapter 30 of the new edition of the 
revised statutes), provides that, 

"In closed waters where eels, suckers, cusk and white 
fish abound, the commissioners may grant permits to 
take the same and dispose of them for food purposes ; 
and where an exclusive right is granted to take eels in 
any river or stream or part thereof, they may grant 
such permit upon such terms as they deem reasonable, 
and such permits shall expire with the calendar j^ear ; 
and it shall be lawful to take suckers with spears or 
hook and line in any closed tributaries from the time 
the ice goes out in the spring until June first." 

PROTECTION OF SCREENS. 
Chapter 289 of the public laws of 1901, (which is 
section 34 of the new edition of the revised statutes), 
provides that, 



"Whoever shall take up, destroy or injure any screen 
erected at the outlet of any lake or pond by authority 
of the Commissioners of Inland Fisheries and Game, 
shall be punished by a fine not exceeding fifty dollars." 

COMMISSIONERS OF INLAND FISHERIES 
AND GAME— THEIR APPOINTMENT, POW- 
ERS AND DUTIES. 

Chapter 30 of the revised statutes, as amended, (which 
is sections 28 to 41 inclusive, of the new edition of the 
revised statutes), provides that, 

"Sec. 28. The governor, with the advice and consent 
of the council, shall appoint three persons to be com- 
missioners of inland fisheries and game, one of whom 
shall be the land agent of the state and shall hold the 
office so long as he shall continue to be land agent ; the 
other two commissioners shall hold their office for three 
years, and until their successors are appointed and 
qualified. Said commissioners shall be provided with 
an office in the State capitol, with suitable furniture, 
stationery, and other facilities for the transaction of 
the business of the department, and they may appoint 
a clerk. 

"Sec. 29. The commissioners of inland fisheries and 
game shall examine dams and all other obstructions 
existing in all rivers and streams, and determine the 
necessity of fishways, and the location, form and 
capacity thereof; and shall introduce and disseminate 
valuable species of food fish into the inland waters of 
the State, and valuable food birds into the State. They 
s-hall examine into the workings of the inland fish and 
game laws, see that all violations thereof are duly 
prosecuted, and perform all other duties prescribed by 
law. They shall annually on or before the 31st day of 
December, report to the governor. 

"Sec. 30. The commissioners of inland fisheries and 
game shall have authority, upon petition of five or more 
citizens of the State, or whenever they shall deem it for 
the best interests of the State, after due notice and pub- 



10 



lie hearing in the locality to be affected, to regulate the 
times and places in which and the circumstances under 
which game and inland fish may be taken ; but they can- 
not authorize the taking of game or inland fish at a 
time in which its capture is prohibited by the laws of 
the State, and in all cases where the prayer of the peti- 
tioners is refused, one-half of the expenses of the com- 
missioners shall be paid by the petitioners. Whenever 
they deem it for the best interests of the State, after 
like notice and hearing, they may entirely prohibit the 
taking of any kind of game or inland fish, in any part 
of the State, for a series of years not exceeding four. 
They may adopt and, from time to time, modify or 
repeal such needful rules and regulations, not contrary 
to the laws of the State, as they may deem necessary or 
proper for the protection and preservation of the game 
and inland fish of the State, in conformity with the pro- 
visions of the last two preceding sections. They shall 
file, in the office of the clerks of the cities, towns, and 
plantations in the territory to be affected, a copy of the 
rules and regulations adopted by them, and publish the 
same three weeks successively in a newspaper printed 
in the county, and post on the banks of waters to be 
affected, as nearby as may be like notices; and when- 
ever any such rules or regulations apply to any unor- 
ganized township, a like copy shall be filed with the 
clerk of courts for that county and published three 
weeks successively in a newspaper printed in the 
county; they shall also immediately upon the adoption 
of any rules and regulations contemplated by this act, 
file an attested copy of the same in the office of the 
secretary of state. 

"Sec. 31. Whoever fishes for, takes, catches, kills, or 
destroys any inland fish, in any manner or at any time, 
in violation of any of the rules and regulations of the 
commissioners of inland fisheries and game, made and 
promulgated in conformity with the provisions of this 
chapter, shall be punished in the same manner and to 
the same extent as is provided for by law for the illegal 



taking, catching, killing or destroying of any such 
inland fish. 

"Sec. 32. Whoever at any time or in any manner 
hunts, chases, catches, kills, takes, has in possession, 
or destroys any inland game, in violation of any of the 
rules and regulations of the commissioners of inland 
fisheries and game, made and promulgated in conform- 
ity with the provisions of this chapter, shall be punished 
in the same manner and to the same extent as is pro- 
vided for by law for the illegal hunting, chasing, catch- 
ing, killing, taking, having in possession, or destroying 
of any such inland game. 

"Sec. 33. Whoever wilfully mutilates, defaces or 
destroys any notice, rule, or regulation of the com- 
missioners of inland fisheries and game, posted in con- 
formity with the provisions of this chapter, shall be pun- 
ished by a fine not exceeding fifty dollars, to be recov- 
ered by complaint or indictment; and one-half of said 
fine shall be paid to the prosecutor. 

"Sec. 34. Said commissioners of fisheries and game 
may take fish and game of any kind when, where, and 
in such manner, as they choose, for the purposes of 
science and of cultivation and dissemination, and they 
may grant written permits to other persons to take fish 
and game for the sam.e purposes, and may introduce or 
permit to be introduced, any kind of fish into any 
waters. They may, after a hearing, set apart, for a 
term not exceeding ten years, any waters for the use of 
themselves, or of the United States commissioner of 
fish and fisheries, in the prosecution of the work of fish 
culture and of scientific research relative to fishes. 
The order setting apart such waters shall be recorded 
in the registry of deeds of the county in which they 
are situated. In the waters so set apart, they and'the 
United States commissioner of fish aiid fisheries, and 
persons acting under their authority may, in their 
respective fish culture and scientific work, take fish at 
any time or in any manner, and erect and maintain any 
fixtures necessary for such purposes. No other person 



12 



shall take or kill any fish, or use any implement for 
fishing therein, under a penalty of not less than ten nor 
more than one hundred dollars, and a further penalty 
of one dollar for each fish so taken or killed ; provided, 
however, that before such hearing they shall give notice 
thereof, by publication of their intention for two suc- 
cessive weeks in at least one newspaper printed in the 
county where such waters lie. They are authorized to 
grant permission to take moose, caribou, deer, and birds 
for park purposes in this State, under such rules, regu- 
lations, and conditions as they shall establish. They 
may, under such rules and regulations as they may 
establish, permit the taking of eels and white fish in the 
inland waters of the State. They shall have authority 
to cause the destruction of all mink found in or around 
any fish hatchery or feeding station in this State. They 
may upon petition of ten or more taxpayers, residents 
in the locality, adopt such needful rules and regulations, 
not contrary to the general laws of the State, as may be 
necessary to prevent the interference with, or the 
destruction of the spawning beds, feeding troughs, or 
artificial ponds of landlocked salmon or trout, or other 
useful fish. The penalty for the wilful violation of any 
of such rules and regulations shall be fifty dollars for 
each oflfense. The commissioners may at their discre- 
tion, screen the outlet of any pond or lake or authorize 
the same to be done under such conditions as may seem 
to them Just. 

, / FISHWAYS. 

"Sec. 35. The owner or occupant of every dam or 
other artificial obstruction in any river or stream f re- 
quanted by salmon, shad, alewives, or landlocked salmon, 
shall provide the same with a durable and efficient 
fishway, of such forni and capacity, and in such location 
as may, after notice in writing to one or more 
of said owners or occupants and a hearing thereon, be 
determined by the commissioners of inland fisheries 
and game by written notice to some owner or occu- 



13 

pant specifying the location, form, and capacity of the 
required fishway, and the time within which it shall be 
built; and said owner or occupant shall keep said fish- 
way in repair, and open and free from obstruction for 
the passage of fish, during such times as are prescribed 
by law; provided, however, that in case of disagree- 
ment between said commissioners and the owner or 
occupant of any dam, as to the propriety and safety of 
the plan -submitted to the owner or occupant of such dam 
for the location and construction of the fishway, such 
owner or occupant may appeal to the county commis- 
sioners of the county where the dam is located, within 
twenty days after notice of the determination, to the 
commissioners of inland fisheries and game by giving to 
the latter named commissioners notice in writing of 
such appeal within that time, stating therein the reasons 
therefor; and at the request of the appellant or the 
commissioners of inland fisheries and game the senior 
commissioner in ofiice of any two adjoining counties 
shall be associated with them, who shall appoint a time 
to view the premises and hear the parties and give due 
notice thereof, and after such hearing they shall decide 
the question submitted, and cause record to be made 
thereof, and their decision shall be final as to the plan 
and location appealed from. If the requirements of the 
commissioners of inland fisheries and game are affirmed, 
the appellants shall be liable for the costs arising after 
the appeal, otherwise they shall be paid by the county* 
If a fishway thus required is not completed to the satis- 
faction of the commissioners of inlancj fisheries and 
game within the time specified, every owner or occu- 
pant shall forfeit not more than one hundred nor less 
than twenty dollars for every day of such neglect 
between the first days of May and November. On the 
completion of a fishway to the satisfaction of the com- 
missioners of inland fisheries and game, or at any sub- 
sequent time, they shall prescribe in writing the time 
during which the same shall be kept open and free from 
obstruction to the passage of fish each year, and a copy 



14 

of such writing shall be served on the owner or occu- 
pant of the dam. The commissioners of inland fish- 
tries and game may change the time as they see fit. 
Unless otherwise provided, fishways shall be kept open 
and unobstructed from the first day of May to the 
fifteenth day of July. The penalty for neglecting to 
comply with this section, or with any regulations made 
in accordance herewith, is not less than twenty nor 
more than one hundred dollars for every day of such 
neglect. 

"Sec. 36. Whenever the commissioners of inland 
fisheries and game find a fishway out of repair or need- 
ing alterations, they may, as in the case of new fish- 
ways, require the owner or occupant to make such 
repairs or alterations ; and all proceedings in such cases 
and ihe penalty for neglect shall be as provided in the 
three preceding sections, without appeal. If the dam 
is owned and occupied by more than one person, each 
is liable for the cost of erecting and maintaining such 
fishway, in proportion to his interest in the dam, and 
if any owner or occupant neglects or refuses to join 
with the others in erecting or maintaining such fishway, 
the other owners or occupants shall erect or repair the 
same, and have an action on the case against such delin- 
quent for his share of the expenses. If the owner or 
occupant of such dam resides out of the State, said pen- 
alties may be recovered by a libel against the dam and 
land on which it stands, filed in the supreme judicial 
court in the county where it is located, in the name of 
the commissioners of inland fisheries and game or of 
f.ny fish wardens who shall give to such owner or occu- 
pant, and all persons interested therein, such notice as 
the court or any justice thereof in vacation, orders, and 
the court may render judgment therein, against said 
dam and lands for said penalties and costs, and order 
a sale thereof to satisfy such judgment and costs of sale, 
subject, however, to all said requirements for the erec- 
tion and maintenance or repair of said fishway. The 
commissioners of inland fisheries and game may dele- 



15 

gate to any fish warden or other lawful officer of fish- 
eries any of the powers given to said commissioners in 
relation to the construction of fishways." 

ARTIFICIAL, CULTURE OF FISH BY PRIVATE 
PERSONS. 

"Sec. 40. Any riparian proprietor may, within the 
limits of his own premises, inclose the waters of a 
stream not navigable, for the cultivation of useful 
fishes ; provided that he furnishes suitable passages for 
migratory fishes naturally frequenting such waters, and 
does not obstruct the passage of boats and other craft 
and materials, in places where the same have a right to 
pass. Any person legally engaged in the artificial cul- 
ture and maintenance of fishes, may take them in his 
own enclosed waters wherein the same are so cultivated 
and maintained, as and when he pleases, and may at all 
times sell them for cultivation and propagation; but he 
shall not sell them for food at seasons when the tak- 
ing thereof is prohibited, under a penalty of not less 
than ten nor more than one hundred dollars, and a fur- 
ther penalty of not less than one dollar for each fish 
so sold. Any person engaged in the artificial propaga- 
tion of trout, or fresh and salt water salmon, when the 
parent fish are taken from the public waters in the State, 
shall retain not less than twenty-five per cent of all eggs 
taken from said parent fish, and shall cause the same to 
be properly cared for and hatched, and, when hatched 
and in proper condition, to be returned to a place suit- 
able for such young fish in the original waters from 
which the parent fish were taken, and shall cause said 
parent fish to be returned to safe locations in such 
waters, under a penalty of not less than fifty nor more 
than five hundred dollars for each offense. But this 
s:ection does not apply to cases in which the parent fish 
are taken in the manner and at the time and place per- 
mitted for the capture of such fish for food ; nor to 
operations in fish culture conduced for public purposes 
by perm.ission of the commissioners of fisheries, who 



i6 



may affix such conditions to their permits as they see 
fit, requiring in no case, however, less than twenty-five 
per cent, of the young fish to be returned, as provided 
in this section. 

"Sec. 41. No person without permission of the pro- 
prietor, shall fish in that portion of a pond or other 
water in which fish are artificially cultivated or main- 
tained by written permission of the fish commissioners, 
under a penalt}'- of not less than ten nor more than one 
hundred dollars, besides two dollars for each fish so 
taken or killed ; and, in default of payment, such offen- 
der shall be imprisoned at the expense of the prose- 
cutor, until said forfeiture is paid or otherwise dis- 
charged by due process of law. 

"Sec. 37. The following waters and their tributaries 
are exempt from the provisions relating to migratory 
fishes and the supervision of the fishways by the com- 
missioners ; that is to say, Royall river in North Yar- 
mouth, Sewall's pond or its outlet in Arrowsic, so much 
of the waters of the Damariscotta river as are west of 
the railroad bridge near Damariscotta mills, all waters 
in Vinalhaven, Tremont, Mount Desert, Eden, Frank- 
lin, and Sullivan, Pleasant river in Washington county, 
East Machias river, and the Eastern Penobscot river 
in Orland. Little river in Perry shall be exempt from 
all the foregoing provisions that relate to maintaining 
fishways in said river, except during April, May and 
June. 

"Sec. 38. For the purposes of this chapter, the term 
^Salmon' means the common migratory salmon of the 
sea coast and rivers; the term 'landlocked salmon' 
means any of the species or varieties of salmon that do 
not periodically and habitually run to the sea, being the 
same locally known as 'salmon trout' and 'black 
spotted trout;' the term 'alewife' means the small 
species of migratory fish called 'alewife' but known 
also by the local nam.es of 'herring' and 'gaspereau,* 
and also includes the similar species found in tidal 



17 



waters and known as 'blue-back;' and the term 'bass' 
means the striped bass of tidal waters. 

"Sec. 39. The provisions of this chapter so far as 
they relate to fish apply to the taking of the same in all 
fresh waters above the flow of the tide and in all tidal 
waters frequented by the various species of fresh water 
?.nd migratory fishes, except to the capture of shad 
and alewives in Dennys* river and its tributaries, Pem- 
maquam river and its tributaries, and the Schoodic 
lakes and their tributaries, and to the taking of white 
fish in the Schoodic lakes on the St. Croix river and 
their tributaries, by citizens of the State with set nets, 
during the months of May and November, and convey- 
ing them to their own homes, but not otherwise. This 
chapter docp not apply to fish taken in the weirs on 
St. Croix river, and does not repeal the laws relating 
10 the St. Croix, Denny's, Pemmaquam, Cobscook, 
East Machias, and Narraguagus rivers." 

ALL OF THE PRIVATE AND SPECIAL LAWS 
RELATING TO FISHING THROUGH THE 
ICE, CLOSING OF TRIBUTARIES OR PONDS, 
MANNER OF FISHING, OR FLY FISHING, IN 
CERTAIN WATERS, AND NUMBER OF FISH 
THAT MAY BE TAKEN IN ONE DAY FROM 
CERTAIN WATERvS, ARRANGED BY COUN- 
TIES. 

Chapter 407 of the private and special laws of 1903, 
which is a consolidation of all private and special laws 
relating to inland fisheries, is as follows : 

Section t. The provisions of the general law per- 
taining to fishing through the ice by residents of the 
State, during February, March and April of each year, 
shall not apply to any of the following named lakes and 
ponds, — and it shall be unlawful to fish through the ice 
in the same for any kind of fish, — to wit : 

In Androscoggin County: Allen pond, so called, in 
Greene, Lake Auburn in Auburn, Brettuns pond in 



i8 



Livermore, and Androscoggin pond situated partly in 
this county and partly in Kennebec county. 

In Aroostook County : Number Nine lake in Town- 
ship 9, Range 3, (and the close time on this lake shall 
be from October first to June first of the following 
year;) Ross and Conroy lakes in Littleton and Monti- 
cello, — (and it shall be unlawful to fish in these last 
naned lakes at any time before April 22, 1906.) 

In CuMBTiRLAND CouNTY ! Sabbathday pond in New 
Gloucester, Thomas pond in Raymond and Casco, Little 
Sebago pond, or lake, in Gray and Windham, and Great 
Watchic pond in Standish, (in which last named pond 
+he close time shall be from October ist to May ist of 
the following year.) 

In Frankun County: In all of the ponds and lakes 
situated wholly or partly in Franklin county except 
Pease pond in Wilton, — (in which it shall be lawful to 
fish through the ice, as provided in the general law, on 
Saturdays of each week during the months of February, 
March and April of each year,) and Indian pond, situ- 
ated partly in Franklin and partly in Somerset county, 
{in which last named pond it shall be lawful to fish 
through the ice as provided in the general law.) 

In Hancock County: Noyes' pond in Bluehill, 
Eagle lake. Bubble pond sometimes called Turtle lake, 
Jordan pord and Long pond on Mt. Desert Island, 
Crocker pond and Pickerel pond in Township 32, Mid- 
dle Division, Green lake, sometimes called Reed's pond, 
situated wholly or parti}-- in Ellsworth, (in which last 
named lake it shall be lawful to fish, as provided in the 
general law, on Fridays and Saturdaj-^s of each week, 
during the months of February, March and April, of 
each year,) and First or Billings pond in the town of 
Bluehill, (in which last named pond the close time shall 
be from October ist to May ist of the following year.) 

In KENNEEJtc County: Cobbosseecontee lake situ- 
ated partly in Winthrop, Annabessacook lake and The 
Narrows pond situated in Winthrop, Lake Maranocook 
situated partly in Winthrop, Jimmy pond in Litchfield, 



19 

Androscoggin pond situated partly in Wayne, Great, 
Long, East, North, Little, Ellis, McGraw and Snow 
ponds situated wholly or partly in this county, Flying 
pond in Vienna, and Three-Mile pond in China, Wind- 
sor and Vassalboro, (in which last named pond it shall 
be lawful to fish for pickerel, as provided in the general 
law, on Saturdays of each week, for consumption in the 
family of the person taking the same.) 

In Kno^v County: Crystal lake in Washington, 
Grassy pond in Hope and Rockport ; provided, further, 
that it shall be unlawful to fish for any kind of fish at 
any time in said Grassy pond before May first, 1904. 

In Lincoln County: Dyers pond in Jefferson. 

In Oxford County : It shall be unlawful to fish 
through the ice for any kind of fish in the following 
named lakes and ponds in Oxford county, to wit : In 
all the lakes and ponds situated wholly or partly in this 
count}'-, except North and Bird ponds in the town of 
Norway, the Five Kezar's, Moose, Bear, Long, Two 
Speck, Pappocse and McWain ponds in the town of 
Waterford, Kneeland, Burnt Land, Songo and Crooker 
ponds in the town of Albany, Proctor pond in the towns 
of Albany and Stoneham, Upper Stone and Horse Shoe 
ponds in Stoneham, Bradley, Farrington and vSlab City 
ponds in the town of Lovell, Moose, Beaver, Long, 
Grandeur and Little ponds in Denmark, Lower Kezar, 
Lovewell's, Clay, Haley, Charles, Pleasant, Lower Kim- 
ball and Bog ponds situated wholly or partly in Frye- 
burg. Rattle Snake and Burnt Meadow ponds in Brown- 
field, Moose and Mud ponds in Paris, Round and 
Twitchell ponds in Greenwood, Hogan and Whitney 
ponds in Oxford, the two demons ponds. Middle, 
Barker, and South East ponds in Hiram, Bungamuck 
pond in Hartford, Keyes and Stearns ponds in Sweden, 
Bickford, Long and Colcord ponds in Porter, Thomp- 
son pond situated partly in Oxford and partly in Cum- 
berland county. North pond in Greenwood and Wood- 
stock, in which ponds it shall be lawful to fish through 
the ice, as provided in the general law, during the 



20 



months of February, March and April of each year; 
(provided, however, that it shall be unlawful to fish for 
any kind of fish, at any time, in Indian pond in Green- 
wood before April first, 1906.) 

In PjCnobscot County: It shall be unlawful to fish 
through the ice for any kind of fish in Cold Stream pond 
in Enfield. 

In Piscataquis County : It shall be unlawful to fish 
through the ice for any kind of fish in any of the lakes 
and ponds lying wholly or partly in Piscataquis county, 
except the following named lakes and ponds, in which 
it shall be lawful to fish through the ice as provided in 
the general law, to wit : Seboeis lake, Boyd lake, (pro- 
vided, further, that it shall be lawful to fish through the 
ice in Boyd lake for pickerel only during December and 
January of each year). Cedar lake, Ebemee ponds, 
Schoodic lake. North and South Twin lakes. Pamadum- 
cook lake, Ambajejus lake, Debsconeag lake, Nahma- 
kanta lake, Chesuncook lake, Sebec lake. First Butter- 
milk pond, Big Benson pond. Big Huston pond. Center 
pond in Sangerville, Moosehead lake, Jo Mary lake. 
Caribou lake, Lobster lake. Chamberlain lake, Telos 
lake, Webster lake. Eagle lake, Allagash lake, Munsun- 
gan lake, Millinockett lake, Caucongomoc lake, Church- 
ill lake, Chemquassabamticook lake, Grand lake. Second 
lake, Ragged lake. Pepper pond. Whetstone pond, and 
Large Greenwood pond in Elliottsville and Willimantic. 

In Somerset County: It shall be unlawful to fish 
through the ice for any kind of fish in any of the lakes 
and ponds lying wholly or partly in Somerset county, 
except the following named lakes and ponds, in which 
it shall be lawful to fish through the ice as provided 
in the general law, to wit: Moosehead lake, Palmer 
pond in Mayfield, Ellis, Round and Ten-Thousand-acre 
ponds, in Township i. Range 6, W. K. R., B. K. P., 
known as the Ten-Thousand-acre township, Rowell 
pond in Solon, Smith pond in Cornville, Oaks pond in 
Cornville, Pickerel pond in Flagstaff, Gilman pond in 
Lexington, Pierce pond in Township 2, Range 4, Sibley 



21 



pond in Canaan, Fahi and Sandy ponds in Embden, 
VVyman and Weeks ponds in Brighton, Moose, Mud, 
Starbird and Stafford ponds in Hartland, Hancock 
pond in Embden, Indian pond in St. Albans, Indian 
pond situated partly in Franklin and partly in Somerset 
county, White and Douglass ponds in Palmyra, Gam- 
mon pond situated partly in Somerset and partly in 
Franklin county, and Big Carry pond. 

In Washington County: It shall be unlawful to 
fish through the ice for any kind of fish in Narraguagus 
lake in Beddington; (Grand Lake stream, the outlet of 
Grand lake, in Washington county, and so much of 
Grand lake as is lOO yards above the dam at the outlet 
shall be closed to all fishing from October first to June 
first of the following year), and from said dam to a 
point one hundred yards below said dam on said stream 
it shall be unlawful to fish for any kind of fish at any 
time, (and it shall be unlawful during open season on 
said stream and one hundred yards above the dam at 
the outlet of said lake, to fish for, take, catch or kill any 
fish by any other method than by the ordinary way of 
angling with rod and artificial ilies.) 

In York County: It shall be unlawful to fish 
through the ice for any kind of fish in the following 
named lakes and ponds in York county: Bonneg Beg 
pond in North Berwick and Sanford, "h" pond in San- 
ford and Wells, Messabesic pond, sometimes called 
Shaker pond, and Littlefield pond in Alfred, Middle 
Branch pond in Alfred and Waterboro, and Bunganeaut 
pond in Alfred and Lyman, (in which last named pond 
the close time shall be from October first to May first 
of the following year.) 

Special Provisions Closing Certain Tributaries to Cer- 
tain Lakes and Ponds to All Fishing, and Certain 
Ponds for a Specified Time. 

Sec. 2. It shall be unlawful to fish for, take, catch 
or kill any fish at any time, except as herein provided, 
in any of the following named waters, to wit : 



22 



Androscoggin County: The tributaries to Lake 
Auburn or Wilson pond, so called, (and all that part 
of the waters of said Lake Auburn and Townsend 
brook, so called, that lie north of the road leading from 
the Turner road, so called, to North Auburn Village 
and crossing said Townsend brook, shall be considered 
as tributary waters of said Lake Auburn), the tribu- 
taries to Taylor pond in the city of Auburn, the tribu- 
taries to Brettuns pond in Livermore, and the tribu- 
taries to Big Bear pond situated partly in Turner. 

In Aroostook County: The tributaries to Mada- 
waska lake; (or in Ross and Conroy lakes, in Littleton 
and Monticello, before April 22d, 1906.) 

In CumberIvAND County: The tributaries 'to Sabbath 
I)ay pond in New Gloucester, the tributaries to Sebago 
lake, — except Crooked and North West rivers, — the 
tributaries to Anonymous pond in the town of Harri- 
son, the tributaries to Thomas pond in Raymond and 
Casco, the tributaries to Duck pond, or in Royal river 
from Sabbath Day pond to Jordan's Dam. Provided, 
further, that it shall be unlawful to fish in the tribu- 
taries to Great Watchic pond, in Standish, from Octo- 
ber first to May first of the following year. 

In Frankun County: The tributaries to Webb 
pond in Weld, except Alder brook down as far as the 
mill dam at Hildreth's Mills, the tributaries to Tufts 
and Dutton ponds in Kingfield and the outlet of the 
same from Dutton pond to Reed's falls, and from Tufts 
pond to Alder stream, the tributaries to Tim and Mud 
ponds in Township 2, Range 4, W. B. K. P., the tribu- 
taries to Rangeley lake, the tributaries to Ross pond, 
or in Bemis stream a tributary to Mooselucmaguntic 
lake, or in Whetstone brook, which flows into Kenne- 
bago stream, from the foot of the boulders, so called, 
in said stream to the foot of the falls at the outlet of 
Kenncbago lake, or in Metalluc and Mill brooks which 
fiow into Upper Richardson lake, or in Coos brook, a 
tributary to Wilson lake in Wilton, from its entrance 
into said Wilson lake from the upper side of the Wil- 



2Z 

kins bridge over said Coos brook, and the Holland 
brook, a tributary to said Wilson lake, from its junc- 
tion with Coos brook to the upper side of the Coos 
bridge over said Holland brook, or in the tributaries to 
Varnum and North ponds in Temple and Wilton, the 
tributaries to Clearwater pond in Farmington and 
Industry, the tributaries to Long pond and Sandy River 
pond lying wholly or in part in Sandy River plantation, 
or in Lufkin pond and its tributaries in the town of 
Phillips, the tributaries to Four ponds, so called, in 
townships E and D, or in any of the tributaries to 
Webb's river above Goodwin Brothers' mill dam in 
Carthage, or in Sandy river or any of its tributaries 
above Small's Falls, so called, in Madrid, to Sandy 
River pond, before June first, 1905, or in the North 
Branch, called the Chandler Mill stream, or in the 
South Branch, called the Crossman stream, or in Bowen 
brook, or Saddleback stream that flows into Sandy river 
at Madrid Village, or in the Ben Morrison brook which 
flows into Saddleback stream. 

In Hancock County: In the tributaries to Noyes' 
pond in Blue Hill, or in the tributaries to Green lake 
in Dedham and Ellsworth, or in the tributaries to Eagle 
lake in Eden, or in the tributaries to Bubble pond or 
Turtle lake on the island of Mt. Desert. 

In Kennebec County: In the tributaries to all of 
the lakes and ponds lying wholly or partly in the towns 
of Winthrop and Monmouth, or in the tributaries to 
Jimmy's pond in Litchfield, or in the tributaries to 
Three Mile pond in China, Windsor and Vassalboro, 
or in the tributaries to McGraw, Ellis, East, North, 
Great, Long, Little and Snow ponds situated partly in 
Oakland, Belgrade, Mt. Vernon, Rome and Sidney. 

In Knox County: In Branch and Meadow brooks, 
so called, in Thomaston and Rockland, before February 
g, 1904, and then it shall be lawful to fish in these 
brooks only during the month of June of each year; 
in the tributaries to Canaan lake, partly in Knox and 
partly in Waldo county, in the tributaries to Lermonds 



24 

and Alfords ponds, the tributaries to Norton pond and 
tJie tributaries to Crystal lake in Washington. Grassy 
pond, in Knox county, is closed to all fishing until May 
1st, 1904. 

In Lincoi^n County : The tributaries to Dyers pond 
in Jefferson. 

In Oxford County: The tributaries to Anasagun- 
ticook lake in Canton and Hartford, the tributaries to 
Little Bear pond in Hartford and Turner, the tribu- 
taries to Howard's pond in Hanoyer, the tributaries to 
Lake Pennesseewassee and Little Pennesseewassee in 
Norway, the tributaries to Garland pond and Roxbury 
pond. Rapid river from the swing bridge at the Oxford 
Club House to Lake Umbagog, the tributaries to Songo 
pond in Albany, the tributaries to Sand and Pickerel 
ponds in Denmark, the tributaries to Bryant pond in 
Woodstock; Pleasant pond and its tributaries shall be 
closed to all fishing until March 6th, 1904, and for five 
years thereafter it shall be lawful to fish therein only 
on Tuesdays, Thursdays and Saturdays of each week 
and but 25 fish shall be taken in any one day in these 
waters by any one person. It shall also be unlawful for 
any person to fish in any of the tributaries to Indian 
pond, South pond and Twitchell pond, in the town of 
Greenwood, or to fish for, take, catch or kill any fish 
at any time in Indian pond, above named, before April 
first, 1906. It shall also be unlawful to fish for, ta'xce, 
catch or kill at any time any kind of fish in Great brook 
or Cold brook, in Stoneham. 

In Penobscot County: The tributaries to Dexter 
pond in Dexter. (See appendix.) 

In Piscataquis County: The tributaries to Lake 
Hebron or Hebron pond in Monson, the tributaries to 
Twin and Doughty ponds, known as Ship pond and 
Bear pond, in Elliottsville plantation, Ship Pond stream 
above Buck's Falls, the brook that is the outlet of Gar- 
land pond in Sebec, the tributaries to Lake Onawa in 
Elliottsville plantation and Willimantic, the tributaries 
to Moosehead lake except Moose river, (and the com- 



25 

missioners shall establish by metes and bounds the 
mouths of these tributaries), Davis stream in Willi- 
niantic, Monson Pond stream, a tributary to Davis 
stream, Vaughan stream, a tributary to Long Pond 
stream, Wilson stream, a tributary to Sebec lake, Lily 
pond, in Shirley, before February 13, 1904; it shall also 
be unlawful to fish in Wilson river, between Wilson 
pond and Tobey Falls, in Willimantic, except from May 
15th to October ist of each year; it shall also be unlaw- 
ful to fish in Lower Wilson pond, Upper Wilson pond, 
Mountam pond. Rum pond and Horseshoe pond, being 
the upper waters of Wilson stream, and all the tribu- 
taries of Lower Wilson pond, Upper Wilson pond, 
Mountain pond, Rum pond and Horseshoe pond, except 
from July first to October first of each year, until April 
22d, 1906. 

In Somerset County: The tributaries to Lake 
George in Canaan, Barret brook and its tributaries and 
Beaver brook in Holeb, the brooks forming the outlet 
of Fish pond and Little Fish pond and Big Gulf stream 
and Little Gulf stream, Wood stream in Forsythe plan- 
tation above its entrance into Big Wood pond, the tribu- 
taries to Hayden lake in Madison, Mosquito stream, an 
inlet of Moxie pond, in The Forks plantation, East 
Moxie and Bald Mountain townships, to low water 
mark in said Moxie pond, the tributaries to Great Emb- 
den pond in Embden, Misery stream an inlet of Bras- 
sua lake, the tributaries to Moose pond, in Hartland and 
Harmony, except Main stream, Goodwin's brook and 
Higgins stream above the first dam on said Higgins 
stream, the west outlet of Moosehead lake, the tribu- 
taries to Parlin or Lang pond in T. 3, R. 7, Lang stream 
and its tributaries, Parlin stream and its tributaries 
from Parlin pond to the mouth of Bean brook; pro- 
vided, further, that it shall be unlawful to fish for, take, 
catch or kill any kind of fish in Morrill pond, in Hart- 
land, before April ist, 1905. 



26 



In Waldo County : It shall be unlawful to fish for, 
take, catch or^ kill any fish in Sandy stream and its 
tributaries and the tributaries to Unity pond in Unity 
before April 22d, 1904, except that eels and suckers 
may be taken in their season in these streams. 

In Washington County: The tributaries to Lam- 
bert lake, situated partly in Lambert Lake plantation, 
and the tributaries to Lake Narraguagus in Beddington. 

In York Coun'ly : The tributaries to Bonneg Beg 
pond in Sanford and North Berwick. 

Special Provisions Relating to the Number of Fish that 
may be Caught, and the Method of Fishing, in Vari- 
ous Waters, — by Counties. 

Sec. 3. Androscoggin County : It shall be unlawful ' 
to take, catch and kill any black bass less than twelve 
inches in length in Sabattus pond, and no person shall 
take, catch or kill more than ten black bass in any one 
day in said pond. 

CuMEKRi,AND CouNTY : It shall be unlawful to take, 
catch and kill any black bass less than twelve inches in 
length in Highland lake, in the northern part of Cum- 
berland county, and no person shall take, catch or kill 
more than ten black bass in any one day in said lake. 

FrankIvIN County: It shall be unlawful to fish for, 
take, catch or kill any kind of fish at any time in Range- 
ley stream from the lower wharf at the outlet of Range- 
ley lake down to the dead water at the upper end of 
the eddy, nor from the upper end of the eddy to the 
mouth of Kennebago stream from July first to May 
first. 

It shall be unlawful to fish for, take, catch or kill 
any kind of fish at any time in Kennebago stream 
between the foot of the first falls near its mouth to the 
upper falls at the outlet of the lake, from July first to 
May first. 

It shall be unlawful to fish in Cupsuptic river or its 
tributaries, above the foot of the first falls near Its 
mouth, except from May first to July first of each year. 



27 



It shall be unlawfal to fish in South Bog stream from 
its mouth up to the first quick water from July first to 
May first. 

It shall be unlawful to fish for, take, catch or kill 
any fish in Quimby pond, in Rangeley, except in the 
ordinary way of angling with rod and artificial flies 
between sunrise and sunset of each day from the fif- 
teenth day of May to the first day of October, and no 
person shall take, catch or kill or have in possession 
more than six fish in all in any one day from this pond. 

It shall be unlawful to take, catch, or kill more than 
twenty-five fish in any one day in Four ponds, so called, 
in Townships E and D. 

It shall be unlawful to fish in any manner except with 
artificial flies in South Bog stream and pool, so called, 
waters connected with Rangeley lake. 

It shall be unlawful to take more than twenty-five 
trout from Tim and Mud ponds, in T. 2, R. 4, W. B. 
K. P., or from Tufts or Dutton ponds, in Kingfield, in 
any one day. 

It shall be unlawful to take from the waters of Var- 
num or North pond, in Temple and Wilton, and Clear- 
water pond, in the tov/ns of Farmington and Industry, 
more than three trout, togue and landlocked salmon in 
all in any one day. 

It shall be imlawful to catch any trout in Tufts, Dut- 
ton or Grindstone ponds, or their tributaries, in the 
town of Kingfield, for sale, or sell any trout at any 
time taken from said Tufts, Dutton or Grindstone 
ponds or their tributaries. 

It shall be unlawful to fish for in any way, or catch 
any fish of any kind, in the Seven ponds, so called, the 
Seven Ponds stream, Little Kennebago lake, so called, 
and the stream flowing out of Little Kennebago lake 
to the dam at the head of Kennebago Falls, or in the 
stream flowing out of Kennebago lake commencing at 
a point four rods above the Berlin Mills Company's 
bridge and continuing down said stream to its junction 
with the stream flowing from Little Kennebago lake 



28 



except in the ordinary method of casting with artificial 
flies or fly fishing. 

It shall be unlawful to take, catch or kill at any time 
any kind of fish in any of the ponds lying on Saddle- 
back mountain, or the outlet of the same flowing into 
Dead River pond, or in any of the tributaries emptying 
into said outlet, or in Salmon lake or Gull pond in 
Dallas plantation, except in open season and not in open 
season except in the ordinary method of casting with 
artificial flies or fly fishing. 

It shall be unlawful for any person to take, catch, 
kill or have in possession in any one day more than 
twenty-five fish in all taken in any of the streams lying 
wholly or partly in the towns of Freeman, Salem and 
Strong, and it shall be unlawful for any person to fish 
for, take, catch or kill any fish in any of these streams 
except on Tuesdays, Thursdays and Saturdays of each 
week during open season. 

It shall be unlawful to fish for in any way or catch 
any fish of any kind in Kennebago lake, John's pond. 
Flat Iron pond, Blanchard pond, and all the streams 
flowing into the same, except in the ordinary method 
of casting with artificial flies or fly fishing. 

It shall also be unlawful to fish for, take, catch or kill 
in any one day, more than ten fish in all in Kennebago 
lake. Little Kennebago lake, John's pond, Flat Iron 
pond. Seven ponds, so called, or in any of the streams 
flowing into any of the above named lakes or ponds 
that are not closed to fishing, and in the stream flowing 
out of Little Kennebago lake to the dam at the head 
of Kennebago Falls, and in the stream flowing out of 
Kennebago lake commencing four rods above the Berlin 
Mills Company's bridge and continuing down said 
stream to its junction with the stream flowing from 
I/ittle Kennebago lake. 

Hancock County: It shall be unlawful to fish for, 
take, catch or kill any trout in any of the waters lying 
wholly or partly in the county of Hancock for sale, 
or directly or indirectly sell any trout taken from any 



29 



of these waters, or to take, catch, kill or have In posses- 
sion in any one day more than twenty-five pounds of 
black bass from any of the waters lying wholly or partly 
in the towns of Eden, Mt. Desert, Tremont, Hancock, 
Sullivan, Franklin, Eastbrook, Waltham, and Town- 
ships Number 7, Number 10 and Number 21, in the 
county of Hancock. 

Kenni^bi'c County: It shall be unlawful to take, 
catch and kill any black bass less than twelve inches in 
length in Snow pond, or Messalonskee lake. Great pond. 
North pond. East pond, McGraw pond, Ellis pond, 
Lake Cobbosseecontee, Annabessacook lake, and Lake 
Maranocook, and no more than ten black bass shall be 
taken in any one day from either of the above named 
lakes or ponds, and it shall be unlawful for any person 
to sell or offer for sale any kind of fish, except eels, at 
any time, taken or caught in any of the above named 
lakes and ponds in this county, except Lakes Annabes- 
sacook, Maranocook and Cobbosseecontee. 

Oxford County: It shall be unlawful to take or 
catch any black bass, pickerel, or any other fish from 
the Lower Kezar pond or its tributaries for sale, or to 
sell the same, and no person shall take more than 
twenty pounds of fish in any one day from said Lower 
Kezar pond. 

It shall be unlawful to fish for, take or catch any fish 
in Ward's brook. Ward's pond and Walker's pond, so 
called, except between the first day of May and August 
of each year, or to fish therein except with rod and 
single line and artificial flies or fly fishing. 

It is unlawful to fish for, take, or catch any fish in 
Ellis river or its tributaries, situated in Andover, Ando- 
ver West, North Surplus, and Roxbury, and Town- 
ships C and D, except on Tuesdays, Thursdays and Sat- 
urdays during the months of May, June and July, and 
to the fifteenth day of August of each year. 

It shall be unlawful to take, catch and kill any black 
bass less than twelve inches in length in Keoka lake. 



30 , 

nor shall any one person take, catch or kill more than 
ten black bass in ?.ny one day in said lake. 

It shall be unlawful for any one person in any one 
day to take, catch or kill more than ten black bass in 
Upper Kezar pond, or to take any black bass from said 
pond less than twelve inches in length, or to take any 
smelts at any time in any of the tributaries of said 
pond. 

It shall be unlawful to fish for in any way, or catch 
i-ny fish of any kind in the Magallowa}^ river above 
Aziscohos Falls, or in any of the tributaries of said 
river north of said falls, or in Sunday pond. Long pond, 
Parmachenee lake, Wells pond, Otter pond, Rump pond, 
Billings ponds, Barker's pond, M. T. Abbey pond. Upper 
and Lower Black ponds, Cupsuptic pond and Lincoln 
pond except by the ordinary method of casting with 
artificial flies or fly fishing. 

Piscataquis County: It shall be unlawful to fish 
for, take, catch or kill any fish in Little Houston pond, 
in K. I. Works Tow^nsliip, except with artificial flies. 

Somerset County : It shall be unlawful to take, kill 
or carry away more than two fish of any kind (eels and 
suckers excepted) or ten pounds of fish, in any one day 
from Spring lake, so called, in Somerset county. 

Washington County: It shall be unlawful during 
the open season on Grand Lake stream, and for lOO 
yards above the dam at the outlet of Grand lake, to fish 
for, take, catch or kill any fish by any other method 
than by the ordinary way of angling with rod and arti- 
ficial flies or fly fishing ; it shall also be unlawful to fish 
for, take or kill any fish in said Grand Lake stream 
from the dam. at the outlet of Grand lake to a point 
100 yards below said dam at any time. 

Sec. 4. Whoever shall violate any of the provisions 
of sections one, two and three of this act shall be sub- 
ject to the same penalty as is provided in the general 
law for illegal fishing and the illegal catching of fish. 



3,1 



SAWDUST CANNOT BE THROWN INTO 
CERTAIN STREAMS. 

Sections 5, 6 and / of chapter 407, private and special 
laws of 1903 provide that, 

"No person shall put, or allow the same to be done by 
any person within his employ, into any of the streams, 
rivers or brooks lying wholly or in part in the towns of 
Naples, Casco and Raymond, in the county of Cumber- 
land, or into any of the tributaries to any of the ponds 
or lakes lying wholly or partly in the towns of Vienna 
and Mt. Vernon, or into McGraw, Ellis, East, North, 
Great, I^ong, Little or Snow ponds, or any of their 
tributaries, in Kennebec and Somerset counties, or into 
Half-Moon stream or vSandy stream, or any of the 
tributaries to Unity pond, in the county of Waldo, or 
into the Saint Georges river, in Montville and Sears- 
mont, in Waldo county, or into the tributaries to Seven- 
Tree pond or into the tributaries of Crawford pond, in 
Union and Warren, or into Ellis stream in Waldo, 
Brooks and Belfast, or into Norton, Brown or Heath 
brooks, or their tributaries, in Shapleigh and Limerick, 
any mill waste, slabs, edgings, sawdust, or any other 
mill waste of a fibrous nature created in the manu- 
facture of any sawn or planed lumber, or to place or 
deposit the same on the banks of any of these waters 
in such negligent or careless manner that the same shall 
fall or be washed into any of said waters, or with the 
intent that the same shall fall or be washed into any of 
said waters. 

Whoever shall violate any of the provisions of this 
section shall be subject to a penalty of not less than 
fifty dollars nor more than one hundred dollars and 
costs of prosecution for each offense. ' 

Trial justices, municipal and police courts shall have 
original and concurrent jurisdiction for offenses arising 
under this act, and all fines recovered shall be paid to 
the treasurer of the State for the benefit of the fund for 
the protection and propagation of fish." 



32 

"No person or persons shall cast or throw into the 
Ellis river or its tributaries any mill waste, slabs, edg- 
ings, bark, chips, shavings, sawdust, or any other mill 
waste of a fibrous nature created in the manufacture 
of any sawn or planed lumber, or shall place, pile or 
deposit on the banks of said Ellis river, or on the banks 
of any of its tributaries, any slabs, edgings, or any shav- 
ings or fibrous material created by the manufacturing of 
shingles, in such negligent or careless manner that the 
same shall fall or be washed into said river or said tribu- 
taries, or with the intent that the same shall fall or be 
washed into said river or said tributaries, whereby the 
navigation of said river may become impeded or injuri- 
ously aflfected, or which shall tend to imepede or injuri- 
ouslyafifect the navigation of , or fill up said river, or which 
shall fill up or obstruct, or tend to fill up or obstruct, 
the canal or wheel race of any woolen mill, cotton mill, 
flC'Ur mill, or other manufacturing establishment, or 
which shall damage or injuriously affect, or tend to 
damage or injuriously aft'ect, the ice on said river, or 
on any of its tributaries, under a penalty for each 
offense, if the quantity shall not exceed five cords, of 
not less than five nor more than twenty dollars ; if the 
quantity cast or thrown in, or that shall fall or be 
washed in as aforesaid, at one or different times, shall 
exceed five cords in all, under a penalty of not less 
than twenty nor more than five hundred dollars. 

All the penalties under the provisions of this section 
shall be recovered by complaint or indictment before any 
court having jurisdiction in like offenses." 

"No person or persons shall cast or throw into 
the Aroostook river, or into any of its tributaries above 
the mouth of Beaver brook, in Sheridan plantation, in 
the county of Aroostook, from any steam or water 
power saw mill, any slabs, edgings, sawdust, chips, bark, 
mill waste, or any shavings or fibrous material created 
by the manufacturing of shingles, or shall place, pile 
or deposit on the banks of said Aroostook river, or its 
tributaries, above the mouth of said brook, any slabs, 



33 

edgings, sawdust, chips, bark, nnW waste, or any shav- 
ings or fibrotts material created by the manufacturing 
of shingles, in such neghgent or careless manner that 
the same shall fall or be washed into said river, or its 
tributaries above the mouth of said brook, whereby the 
driving of logs or lumber down said river may become 
impeded or injuriously affected, or which shall tend to 
impede or injuriously affect the driving of logs or lum- 
ber down said river, or fill up or obstruct, or tend to 
fill up or obstruct the canal or wheel race of any manu- 
facturing establishment upon said river, or any boom 
of logs upon said river above the mouth of said brook, 
or which shall damage or injuriously affect, or tend to 
damage or injuriously affect the booming of logs upon 
said river, under a penalty for each offense, if the quan- 
tity shall not exceed five cords, of not less than five 
nor more than twenty dollars. If the quantity cast or 
thrown in, or that fall or be washed in as aforesaid, at 
one or different times, shall exceed five cords in all, 
under a penalty of not less than twenty nor more than 
five hundred dollars ; provided, however, that this act 
shall not apply to sawdust made by gang saws, main 
rotaries, nor up and down saws of any kind, in water 
mills now in use on said river above said dam. 

All the penalties under the provisions of this section 
shall be recovered by complaint or indictment before 
any court having jurisdiction in like offenses, or by 
action of debt before any court having competent juris- 
diction, for the benefit of the county where the offense 
was committed. 

If the offense or offenses forbidden in this section 
shall be committed by any person or persons who may 
be in the employ of any mill owner or owners, mill 
occupant or occupants, such owner or owners, occupant 
or occupants, shall also be liable in the same penalties, 
recoverable in the same manner as hereinbefore pro- 
vided." 



^ 



PART SECOND. 



THE LAWS RELATING TO MOOSE, CARIBOU, 
DEER, AND OTHER PROTECTED WILD 
GAME,— ALSO THE LAWS RELATING TO 
THE PROTECTION OF GAME BIRDS. 

CARIBOU. 

Chapter 30 of the revised statutes, as amended by sec- 
tion 19 of the pubHc laws of 1809, (which is section 15 
of chapter 30 of the new edition of the revised statutes), 
provides that, 

"No person shall, within six years from October 15, 
1899, in any manner hunt, chase, catch, kill or have in 
possession any caribou or parts thereof." Penalty the 
same as for the illegal killing of moose. 

MOOSE. 

Chapter 30 of the revised statutes, as amended by 
chapter 222 of the public laws of 1901, (which is section 
13 of the new edition of the revised statutes), provides 
that, 

"No person shall at any time hunt, catch, kill, destroy 
or have in possession any cow or calf moose; and the 
term 'calf moose,' as herein used, shall be construed 
to mean that these animals are calves until they are at 
least one year old, and have at least two prongs or tines 
to their horns. No person shall, between the first day 
of December and the fifteenth day of October, in any 
manner, hunt, take, catch, or kill or have in possession 
any bull moose or part thereof, and no person shall, 
between October fifteenth and December first, take, 
catch, kill, or have in possession more than one bull 
moose or part thereof." 



35 



DEER. 

Chapter 30 of the revised statutes, as amended by- 
chapter 222, section 2, of the public laws of 1901, (which 
is section 14 of chapter 30 of the new edition of the 
revised statutes), provides that, 

"No person shall, except as hereinafter provided, in 
any manner, hunt, take, catch, kill or have in posses- 
sion for any purpose or whenever or wherever taken, 
caught or killed, any deer, or part thereof, between 
December fifteenth and October first next following; 
no person shall between October first and December 
fifteenth next following, except as hereinafter provided, 
take, catch, kill or have in possession for any purpose 
or whenever or wherever taken, caught or killed, more 
than two deer or parts thereof; a person lawfully kill- 
ing a deer in open season shall have a reasonable time 
in which to transport the same to his home and may 
have the same in possession at his home in close season." 

PENALTIES. 

Chapter 30 of the revised statutes, as amended by 
chapter 222 of the public laws of 1901, section 8, (which 
is section 16 of chapter 30 of the new edition of the 
revised statutes), provides that, 

"Whoever shall violate any of the provisions of section 
thirteen of this chapter, shall be punished by a fine of 
not less than five hundred dollars nor more than one 
thousand dollars or by imprisonment not exceeding four 
months ; whoever shall violate any of the provisions of 
section fourteen of this chapter, shall be punished by a 
fine of forty dollars ?nd costs for each deer taken, 
caught, killed or had in possession in violation of the 
provisions of section fourteen of said chapter ; whoever 
shall violate any of the provisions of section fifteen of 
this chapter relating to deer, shall be punished by a fine 
of forty dollars and costs; and whoever shall violate 
any of the provisions of section fifteen of this chapter, 



36 



relating to moose or caribou, shall be punished by a fine 
of not less than five hundred dollars nor more than one 
thousand dollars, or by imprisonment not exceeding 
four months." 

USE OK DOGS, JACK LIGHTS, ARTIFICIAL 
LIGHTS. SNARES OR TRAPS PROHIBITED 
IN HUNTING DEER, MOOSE OR CARIBOU. 

Chapter 30 of the revised statutes, as amended by 
chapter 222 of the public laws of 1899, (which is section 
15 of chapter 30 of the new edition of the revised stat- 
utes), provides that, 

"No person shall at any time, in any manner, hunt, 
catch, take, kill or destroy, with dogs, jack lights, 
artificial lights, snares, or traps, any moose, deer or 
caribou.'' 

Chapter 30 of the revised statutes, as amended by 
chapter 222, section 3, of the public laws of 1901, 
and by chapter 225 of the public laws of 1903, (which 
is section 18 of chapter 30 of the new edition of the 
revised statutes), provides that, 

"Any person may, at any time, lawfully kill any dog 
which hunts or chases a moose, caribou or deer, or any 
dog kept or used for that purpose. Any person owning 
or having in his possession any dog for the purpose of 
hunting or chasing moose, caribou or deer, or who per- 
mits any dog owned by him or in his possession to hunt 
or chase moose, caribou or deer, after notice that such 
dog has chased moose, caribdVi or deer, shall be punished 
by a fine of one hundred dollars and costs of prosecution 
for each offense." 

(Note). The question often arises, is a person liable 
whose dog, of his own volition, leaves the house of his 
master and chases deer? Anybody can lawfully kill 
the dog, under these circumstances. The owner or 
keeper would not be liable if he knew nothing about it, 
but if he was informed that his dog was in the habit of 
chasing this game, and does not confine him, and the 



2>7 

(log, after his owner has this knowledge, again chases 
game, he would be liable. Owners of dogs should keep 
them within their immediate control, at their peril, the 
same as he does his horses, his cattle and his hogs. 
Dogs are not domestic animals. State v. Harrinian, 75 
Me., 562. One cannot be convicted for stealing under 
R. S., ch. 127, sec. I. State vs. Harriman, 75 Me., 562. 

PROTECTION OF THE WILD HARE OR 
RABBIT. 

Chapter 214 of the public laws of 1903 provides that, 

"Sec. I. There shall be a close time on wild hare or 
rabbits in which it shall be unlawful to hunt, catch or 
pursue them, or have them in possession, during the 
months of April, May, June, July and August of each 
year, imder a penalty of ten dollars and costs for each 
offense. 

"Sec. 2. It shall be unlawful to use any snares, traps 
or other device in the hunting, pursuing or killing of the 
common wild hare or rabbits, or to hunt or kill the same 
except in the ordinary method of shooting with guns 
in the usual manner. 

"Sec. 3. Section two of this bill shall not apply to 
Hancock county," 

PROTECTION OF SQUIRRELS AND CHIP- 
MUNKS IN THE COUNTY OF KNOX. 

Chapter 397 of the private and special laws of 1903, 
provides that, 

"Sec. I. Whoever, within the limits of the county of 
Knox, kills or has in his possession, except alive, any 
gray squirrel, red squirrel or chipmunk, forfeits five 
dollars for each of said animals so killed or had in 
possession, to be recovered on complaint. 



38 



PROTECTION . OF DEER IN CERTAIN 
COUNTIES. 

Chapter 30 of the revised statutes, as amended by sec- 
tion 21 of chapter 42 of the public laws of 1890, and as 
amended by chapters 381, 371, 258, 446 anS 452 of the 
private and special laws of 1901, (which is section 9 
of chapter 407 of the private and special laws of 1903), 
provides that, 

"No person shall in any manner hunt, take, catch or 
kill any deer in Kennebec, Knox, Waldo and Lincoln 
counties between December first and October fifteenth 
next following; and no person shall between October 
fifteenth and December first inclusive next following 
take, catch or kill more than two deer, not more than 
one of which shall be a doe or fawn ; nor shall any per- 
son have in possession any deer or part thereof killed 
in violation of this section. 

It shall be unlawful for any person to hunt, chase, 
pursue, catch or kill any deer at any time in the towns 
of Eden, Mount Desert and Tremont, in Hancock 
county. 

It shall be unlawful to hunt, chase, catch or kill any 
deer or moose in the county of Sagadahoc until October 
I, 1905. 

No person shall take, catch, kill, chase or hunt any 
deer in the county of York, except during the month of 
October of each year, and no person shall during the 
open season in this county, take, catch, kill or have in 
possession more than two deer or parts thereof. 

The month of October is hereby made an open month 
for the hunting and killing of deer in the county of 
Androscoggin. 

It shall be unlawful to hunt, chase, catch or kill in any 
manner, any deer on any island within the limits of the 
town of Isle au Haut, in the county of Hancock, before 
October i, 1907. 



39 

It shall be unlawful to hunt, chase, catch or kill, in 
any manner, any deer within the limits of the town of 
Swan's Island, in the county of Hancock, before Octo- 
ber I, 1906. 

Whoever shall violate any of the provisions of this 
section shall be subject to the same penalty as is pro- 
vided in the general law of the State for the illegal 
hunting, chasing, catching, killing or having in posses- 
sion any deer or part thereof." 

SUNDAY IS A CLOSE TIME. 

Section 22 of chapter 42 of the public laws of 1899, as 
amended by section 3 of chapter 2.22 of the public laws 
of 1901, (which is section 18 of chapter 30 of the new 
edition of the revised statutes), provides that, 

"Sunday is a close time, on which it is not lawful to 
hunt, kill, or destroy game or birds of any kind, under 
the penalties imposed therefor during other close time, 
but the penalties already imposed for the violation of 
the Sunday laws by the statutes of this state are not 
hereby repealed or diminished." 

(Note). Sunday is not a close time on fishing, in 
the same sense as on hunting. The only law to prevent 
fishing on Sunday, during the open season, is the old 
Sunday law, so called, and is as follows: "Whoever 
on the Lord's day keeps open his shop * * * or 
place of business * * * travels or does any work, 
labor or business on that day, except works of necessity 
or charity; uses any sport, game or recreation * * * 
shall be punished by a fine not exceeding $10." 

Section 25 of chapter 123 of the new edition of the 
revised statutes. 

This statute also provides "that a person conscien- 
tiously believing that the seventh day of the week ought 
to be observed as the Sabbath, and actually keeps Sat- 
urday as Sunday, is not liable to the above penalty if 
he does not disturb others by his work." But this will 
not give him the right to hunt game or birds or fish on 
Sunday, though he refrain from doing it on Saturday. 



40 



MINK, SABLE, MUSKRAT, FISHER AND 
BEAVER. 

Chapter 30 of the revised statutes, as amended by 
chapter 32 of the pubHc laws of 1899, (which is section 
II of chapter 30 of the new edition of the revised 
statutes), provides that, 

"Whoever, between the first day of May and the 
fifteenth day of October, destroys any mink, sable, musk- 
rat, or fisher, forfeits ten dollars for each animal so 
destroyed; excepting, however, that it shall be lawful 
to kill muskrats in Lily pond in the towns of Rockport 
and Camden and also such muskrats as interfere at any 
time with the operation and maintenance of any canal, 
ditch, lawful dam, or cranberry bog. Whoever at any 
time kills or destroys any beaver, except upon written 
permission of the commissioners of inland fisheries and 
game, shall be fined one hundred dollars and costs and 
twenty-five dollars additional for each beaver killed or 
destroyed." 



BOUNTY ON WOLVES. 

Chapter 30 of the revised statutes, as amended by 
chapter 42 of the public laws of 1899, (which is section 
12 of chapter 30 of the new edition of the revised stat- 
utes), provides that, 

"A bpunty of five dollars, for every wolf killed in 
any town in the state, shall be paid by the treasurer 
thereof to the person killing it " 



BOUNTY ON BEARS IN OXFORD COUNTY. 

Chapter 223 of the public laws of 1903 provides that, 
"A bounty of five dollars for every bear killed in 
Oxford county by any bona fide resident of this state, 
may be paid by the state treasurer " 



41 



BOUNTY ON PORCUPINES. 

Chapter 239 of the public laws of 1903 provides that, 

"A bounty of twenty-five cents for each and every 

porcupine, so called, killed in any town or township in 

this state shall be paid by the treasurer thereof to the 

person, killing it " 



NON-RESIDENTS MUST EMPLOY GUIDES. 
GUIDES MUST NOT GUIDE MORE THAN 
PRE NON-RESIDENTS AT ONE TIME. 

Chapter 2-]"^ of the public laws of 1901, and by chap- 
ter 225 of the public laws of 1903, (which is section 17 
of chapter 30 of the new edition of the revised statutes), 
provides that, 

■'It shall be unlawful for non-residents of the state 
to enter upon the wild lands of the state with intent to 
camp and kindle fires thereon, while engaged in hunt- 
ing or fishing, without being in charge of a registered 
guide, during the months of May, June, July, August, 
September, October, and November, and no registered 
guide shall guide at the same time, or be employed 
by, at the same time, more than five non-residents in 
hunting. Any such non-resident who shall take, catch, 
or kill any deer or moose, or enter upon the wild lands 
in this state, with intent to camp and kindle fires thereon, 
without being in charge of a registered guide, during 
the months of May, June, July, August, September, 
October and November, in violation of the provisions 
herein contained, or any guide who shall guide at the 
same time, or be employed by, at the same time, more 
than five non-residents in hunting, shall be fined forty 
dollars and costs of prosecution for each oflfense and 
be subject to imprisonment thirty days." 



42 



BKWARE OF SHOOTING BEFORE YOU KNOW 
WHAT YOU ARE SHOOTING AT. 

Chapter 263 of the public laws of 1901, (which is 
sect'ons 3 and 4 of chapter 117 of the new edition of 
the revised statutes), provides that, 

"Section 3. Whoevr, while on a hunting trip, or in 
the pursuit of wild game or game birds, negligently or 
carelessly shoots and wounds, or kills any human being, 
shall be punished by imprisonment not exceeding ten 
years, or by fine not exceeding one thousand dollars. 

"Section 4. It shall be the duty of the county attorney 
and sheriff in the county in which a violation of the 
foregoing section occurs, to forthwith investigate and 
prosecute every person who therein violates the pro- 
visions of this act, and for failing so to investigate and 
prosecute, each of said officers shall be liable to a fine of 
not exceeding one thousand dollars, and to be removed 
from ofiice." 

GAME BIRDS AND THEIR PROTECTION. 

Section 11 of chapter 30 of the revised statutes as 
amended by chapter 42 of the public laws of 1899 and 
as amended by chapter 258 of the public laws of 1901, 
and by chapter 229 of the public laws of 1903, (which 
is section 7 of chapter 30 of the new edition of the 
revised statutes), provides that, 

"There shall be for game birds an annual close time 
in which it shall be unlawful to hunt, chase, catch, kill 
or have them in possession whenever or however killed, 
as follows: 

"For wood duck, dusky duck, commonly called black 
duck, teal and gray duck the close time shall be from 
December ist to the first day of the following Septem- 
ber of each year; for ruffed grouse, commonly called 
partridge and woodcock, from the first day of Decem- 
ber to September 15th next following of each year; 
for plover, snipe and sandpipers, from the first day of 



43 

May to the first day of August of each year; and it 
shall be unlawful to hunt, chase, catch, kill or have in 
possession at any time any quail. Whoever violates 
any of the above named provisions of this section shall 
be subject to a penalty of not less than five dollars nor 
more than ten dollars and costs for each bird so killed, 
caught, chased or had in possession in close time. 

''No person shall, in any one day, kill or have in pos- 
session more than fifteen of each variety of the above 
named birds, except sandpipers, the number of which 
shall not exceed seventy in any one day, during the 
respective open season for each; nor shall any person 
at any tim.e kill or have in possession any ruffed grouse, 
commonly called partridge, woodcock, wood duck, 
commonly called black duck, teal or gray duck, 
except for his own consumption within this state, except 
as hereinafter provided, under a penalty of five dollars 
and costs for each bird so unlawfully killed or had in 
possession; nor shall any person at any time sell or 
offer for sale, any ruffed grouse, commonly called part- 
ridge, woodcock, wood duck, dusky duck, commonly 
called black duck, teal or gray duck within this state 
under the same penalty; nor shall any person or cor- 
poration carry or transport from place to place any of 
the birds mentioned in this section, in close time, nor 
in open season unless open to view, tagged and plainly 
labeled with the owner's name and residence and accom- 
panied by him, unless tagged in accordance with section 
twenty-six of this chapter, under the same penalty. 

"Any person, not the actual owner of such bird or 
birds, who, to aid another in transportation, falsely 
represents himself to be the owner thereof, shall be 
liable to the same penalty; nor shall any person or cor- 
poration carry or transport at any one time more than 
fifteen of any one variety of the birds above mentioned 
as the property of one person, under the same penalty ; 
and it shall be unlawful for a term of ten years, to hunt 
for, take, catch, kill or destroy the capercailzie, or cock 



44 

of the woods, so called, black game, so called, or an}' 
species of the pheasant, except ruffed grouse, or part- 
ridge, under a penalty of fifty dollars for each offense." 



PROTECTION OF BIRDS OTHER THAN GAME 
BIRDS. 

Chapter 142 of the public laws of 1901, and chapter 
116 of the public laws, 1899, (which is section 8 of chap- 
ter 30 of the new edition of the revised statutes), 
provides that, 

"No person shall, within the state of Maine, kill or 
catch or have in his or her possession, living or dead, 
any wild bird, other than a game bird, nor shall pur- 
chase, oft'er or expose for sale, any such wild bird after 
it has been killed or caught. No part of the plumage, 
skin or body of any bird protected by this section shall 
be sold or had in possession for sale. Nor shall any 
person within the state take or needlessly destroy the 
nest or the eggs of any wild bird, nor have such nest or 
eggs in his or her possession. The English, or Euro- 
pean house sparrow, the common crow and the hawks 
and owls are not included among the birds herein pro- 
tected ; and for the purposes of this act, the following 
only shall be considered game birds : the anatidre, com- 
monly known as swans, geese, brant, and river and sea 
ducks; the rallida?, commonly known as rails, coots, 
mud-hens and gallinules; the limicoLne, commonly 
known as shore birds, plovers, surf birds, snipe, wood- 
cock, sandpipers, tatlers and curlews ; the gallinae, com- 
monly known as wild turkeys, grouse, prairie chickens, 
pheasants, partridges and quails. Nothing in this sec- 
tion, however, shall be construed to affect in any way 
the protection of game birds, as provided in sections 
7 and 9. Any person who violates any of the provisions 
of this section shall be guilty of a misdemeanor, and 
when convicted therefor, shall be fined five dollars for 
each offense, and an additional five dollars for each 
bird, living or dead, or part of bird, or nest or eggs 



45 



possfessed in violation of this section or to imprisonment 
for ten days, or both, at the discretion of the court." 

(Note). It will be seen by the above section that 
sweeping changes were made in the protection of birds 
other than game birds. The Ornithologists' Societies 
recommended and urged and secured the passage of 
this law. 

The only birds, other than game birds, not protected 
are crows, hawks, owls and English sparrows. 

DOVES. 

It is held in all the authorities that doves are ferae 
naturae, and as such are not subject of larceny, except 
when in the care and custody of the owner ; as when in 
a dovecote or pigeon house, or when in the nest, before 
they are able to fly. If, when thus under the care of 
the owner, they are taken furtively, it is larceny, 9 
Pickering, 15, 89 Me. S6. 

Perhaps when feeding on the grounds of the proprie- 
tor, or resting on his barn, or other buildings, if killed 
by a stranger, the owner may have trespass, and if the 
purpose be to consimie them as food, and they are 
killed or caught or carried away from the inclosure of 
the owner the act would be larceny. 89 Me. 87. 

USE OF TRAPS, NETS. SNARES, AND ALL 
OTHER METHODS, EXCEPT THE USUAL 
METHOD OP SPORTING WITH FIREARMS, 
ILLEGAL IN TAKING GAME BIRDS: ALSO 
HAVING FIREARMS IN POSSESSION IN THE 
NIGHT IN THE VICINITY OF THE DUCK 
GROUNDS IN MERRYMEETING BAY. 

Section 13 of chapter 42 of the public laws of 1899, 
(which is section 9 of chapter 30 of the new edition of 
the revised statutes), provides that, 

"It is unlawful to take any wild duck, of any variety, 
quail, ruffed grouse, or partridge, woodcock, or any 
bird, except by the usual method of sporting with fire- 



46 

arms. Penalty $5.00 for each bird. It is unlawful to 
kill in any manner any wild duck of any variety on the 
Kennebec river or on the shores thereof, south of 
Gardiner and Randolph bridge, or on Merrymeeting 
bay, or the shores thereof, between sunset and daylight 
of the following morning; it is unlawful to hunt, kill, 
or destroy any wild duck, at any time, with the aid of 
jack lights, or any artificial light. Penalty $50.00. 

"Having firearms in possession in the vicinity of the 
duck grounds in Merrymeeting bay, or on the Kennebec 
river south of the Randolph and Gardiner bridge, in 
the night time, is prima facie evidence that the person 
having them is hunting ducks contrary to law." 



USE OF STEAM LAUNCHES PROHIBITED IN 
TAKING DUCKS IN UPPER KEZAR POND 
AND IN FRENCHMAN'S BAY. 

Chapter 387 of the Private and Special Laws of 1901, 
as amended by chapter 407 of the private and special 
laws of 1903, provides that, 

"It shall be unlawful for any person at any time to 
use boats or launches of any kind propelled by steam, 
naphtha, gasoline, or electricity, or any other mode 
than the ordinary sail boat or row boat, in chasing, 
hunting, or gunning any sea birds, duck or water fowl 
in any of the waters of Frenchman's bay, so called, on 
the coast of Maine, or in the waters of lower Kezar 
pond, in the county of Oxford, under a penalty of not 
less than twenty-five dollars nor more than one hun- 
dred dollars and costs of prosecution for each offense. 

"For the purposes of this act Frenchman's bay is 
defined and bounded as follows : 

"On the north by the towns of Hancock and Sullivan ; 
on the east by the towns of Gouldsboro and Winter 
Harbor ; on the south by Mt. Desert island and a 
straight line from Schoodic point, so called, to Great 
Head, so called ; on the west by Thompson's toll bridge." 



47 



SHALL NOT GIVE AWAY GAME OR BIRDS. 

Section 25 of chapter 42 of the public laws of 1899, 
(which is section 21 of chapter 30 of the new edition 
of the revised statutes), provides that, 

"No resident of this state shall sell or give away any 
moose or deer or part thereof, or any game birds, to be 
transported or carried beyond the limits of this state, 
under a penalty of one hundred dollars for each and 
every moose, deer, or part thereof, and one dollar for 
every game bird so sold or given away ; and any person 
who shall buy any of the above named animals or birds 
or parts thereof, to so transport them, or who shall 
transport them after buying the same, or receiving the 
same as a gift, shall be subject to the same penalty." 

TRANSPORTATION. 

Sections 23 and 24 of the public laws of 1899, (which 
are sections 19 and 20 of chapter 30 of the new edition 
of the revised statutes), provides that, 

"Sec. 19. No person or corporation shall carry or 
transport from place to place any moose, or deer, or 
part thereof, in close time, nor in open time unless open 
to view, tagged, and plainly labeled with the name and 
residence of the owner thereof, and accompanied by 
him, under a penalty of forty dollars and costs of prose- 
cution for each moose or deer so transported or carried ; 
and any person not the actual owner of such game or 
parts thereof, who, to aid another in such transportation, 
falsely represents himself to be the owner thereof, shall 
be liable to the penalties aforesaid ; and it shall be 
prima facie evidence that said game, that is being trans- 
ported or carried in violation of this section, was ille- 
gally killed ; but nothing herein shall apply to the trans- 
portation of moose, or deer by any person or corpo- 
ration, when such game is lawfully tagged in accord- 
ance with the provisions of section 22 lof this chapter 
Whoever lawfully kills a bull moose shall, while the 



48 

same, or any part thereof, is being transported, preserve 
and transport it, with the evidence on the moose of the 
sex of the same. Whoever fails to comply with the 
provisions of this section shall forfeit to the state the 
moose or part thereof being transported, and pay a fine 
of three hundred dollars and costs of prosecution. 

"Sec. 20. All birds, fish and game, hunted, caught, 
killed, destroyed, bought, carried, transported, or found 
in possession of any person or corporation, in violation 
of the provisions of this chapter and amendments 
thereto, shall be liable to seizure; and in case of con- 
viction for such violation, such game shall be forfeited 
to the state, to be sold for consumption in this state 
only. Any person whose game or fish has been seized 
for violation of any game or fish law, shall have it 
returned to him on giving to the officer a bond with 
sufficient sureties, residents of the state, in double the 
amount of the fine for such violation, on condition that, 
if convicted of such violation, he will, within thirty 
days thereafter, pay such fine and costs. If he neglects 
or refuses to give such bond and take the game or fish 
so seized, he shall have no action against the officer for 
such seizure, or for the loss of the game or fish seized." 

(Note). See method of transporting by licensed 
hunters. 



MAY TRANSPORT MOOSE. DEHR, BIRDS AND 
FISH ON PAYMENT OF A FEE. 

Section 26 of chapter 30 of the revised statutes, (which 
is section 22 of chapter 30 of the new edition of the 
revised statutes), provides that, 

"Any person who has lawfully killed a moose or a 
deer, or who has lawfully in his possession one trout, 
one togue, one land-locked salmon, or one white perch, 
or ten pounds of eithe'r kind of these fish, or one pair 
of game birds, may send the same to his home or to any 
hospital in the state, without accompanying the same, 
by purchasing of the duly constituted agent therefor a 



49 

tag, paying for a moose five dollars, for a deer two dol- 
lars, for a trout, togue, or land-locked salmon, one dol- 
lar for each, or one dollar for each ten pounds of the 
same, and fifty cents for one white perch or ten pounds 
of the same, and fifty cents for a pair of game birds. 
The commissioners of inland fisheries and game may 
appoint agents in convenient localities who may sell 
these tags, under such rules and regulations as the com- 
missioners may adopt." (See non-resident license law). 

(Note). A person who has lawfully killed a bull 
moose, or a deer, may sell them, but not to be trans- 
ported out of the state. He may take them to his 
home wherever he lives, by going with them, and hav- 
ing them properly tagged, or he may buy a license and 
ship them to his home without going with them. He 
may take a moose or two deer that he has killed out of 
the state, or he may cut them up and peddle them out, 
without a license. 

One who lawfully obtains the ownership of game in 
open time is not criminally liable for having the same 
in possession in close time afterwards. 88 Me. 385 ; 
76-80; 82-173: 75-289, But having it thus in possession 
is evidence of its illegal capture. 88 Me. 385.) 

PROTECTION OF SHEEP. 

Ch. 178, P. L. 1901. Sec. I. When any person, resi- 
dent of this state, shall sustain any damage to his 
sheep, lambs or other domestic animals, by reason of 
their being killed or injured by wild animals, he shall 
give information thereof to the mayor of the 'city, or to 
one of the municipal officers of the town or plantation 
where such damage was done within twenty-four hours 
after he has knowledge of the same, and thereupon said 
mayor or municipal officers shall estimate the amount 
of such damage, and all such damage proved to the 
satisfaction of the above officers to have been com- 
initted by wild animals, and within the limit of their 



50 

cit}', town or plantation, shall be paid by such officers 
out of the treasury of their city, town or plantation. 

Sec. 2. When any city, town or plantation shall have 
paid damages to the owners of sheep, lambs or other 
domestic animals under section one of this chapter, the 
mayor of such city, or the municipal officers of such 
town or plantation, shall make a statement of facts in 
the case, together with the amount of damage so paid, 
and shall transmit the same to the state treasurer, who 
shall reimburse such cit}', town or plantation to the 
amount of such damage from the general fund received 
by the state under section three, chapter two hundred 
and eighty-seven of the public laws of eighteen hundred 
and ninety-three. 

TRESPASS LAW. 

Sections 14 and 16 of chapter 126 of the new edition 
of the revised statutes, provides that, 

"Section 14. Whoever wilfully enters on or passes 
over the garden, orchard, mowing land, or other 
enclosed or cultivated land of another, between the first 
days of April and December, after being forbidden so 
to do by the owner or occupant of said land, or his 
agent, either personally or by notice posted conspicu- 
ously on the premises, is guilty of trespass, and shall 
be punished by fine not exceeding twenty dollars, and 
section 16 applies to violations of this section. 

''Section 16. The owner of such place, or any person 
employed in its cultivation, or rightfully in the posses- 
sion thereof, may arrest any person found violating the 
preceding section, and carry him before any magistrate 
within the county where the arrest is made." 

WARDENS, THEIR APPOINTMENT AND 
DUTIES. 

Section 47 of chapter 42 of the public laws of 1899, 
(which is section 43 of chapter 30 of the new edition of 
the revised statutes), provides that. 



SI 



"The governor, with the advice and consent of the 
council, upon the recommendation of the commissioners 
of inland fisheries and game, may appoint suitable per- 
•sons as fish and game wardens, who shall hold office 
for a term of three years unless sooner removed, and 
who shall enforce all laws relating to inland game and 
fisheries, and all rules and regulations in relation 
thereto, arrest all violators thereof, and prosecute all 
offenses against the same; said wardens shall have the 
same power to serve criminal processes against such 
offenders, and shall be allowed the same fees, as sheriffs, 
for like services, and they shall have the same right as 
sheriffs to require aid in executing the duties of their 
(-ffice. They shall, before being qualified to discharge 
the duties required by this act, give bond to the treas- 
urer of the state with two good and sufficient sureties 
in the penal sum of two thousand dollars approved by 
the commissioners of inland fisheries and game, condi- 
tioned for the faithful performance of the duties of their 
office. Inland fish and game wardens may serve all 
processes pertaining to the collection of penalties for 
violation of the inland fish and game laws; fish wardens 
may be appointed inland fish and game wardens and 
need not give additional bond." 

Section 48 of chapter 42 of the public laws of 1899, 
(which is section 45 of chapter 30 of the new edition of 
the revised statutes), provides that, 

'Sheriffs, deputy sheriffs, police officers and con- 
stables, are vested with the powers of inland fish and 
game wardens and their deputies, and shall receive for 
their services the same, fees." 



DEPUTY WARDENS. 

Chapter 214 of the public laws of 1901 (which is sec- 
tion 44 of chapter 30 of the new edition of the revised 
statutes), provides that, 

"The commissioners of inland fisheries and game may 
appoint deputy wardens^ for whose official misconduct 



52 



they shall be answerable, and said deputy wardens shall 
be sworn. Their appointment and discharge shall be in 
writing. Such deputy wardens shall be subject to all 
the laws pertaining to wardens appointed by the gov- 
ernor and council, and have the same powers. And the 
said commissioners may revoke such appointment at any 
time." 

FISH AND GAME WARDENS, FIRE WARDENS. 
Chapter io8 of the public laws of 1891 provides that, 
"Fish and game wardens are hereby made state fire 
wardens, and it shall be their duty while in and about 
the woods, \o caution all sportsmen of the danger from 
fires in the woods, and to extinguish all fires left burn- 
ing by any one, if within their power ; and to give notice 
to any and all parties interested when possible, of fires 
raging and beyond their control, to the end that the 
same may be controlled and extinguished." 

PENAI.TY FOR FALSELY ASSUMING TO BE 
A WARDEN OR COMMISSIONER. 

Chapter 144 of the public laws of 1901, (which is 
section 22 of chapter 121 of the new edition of the 
revised statutes), provides that, 

"Whoever falsely assumes to be a justice of the peace, 
sheriff, deputy sheriff, coroner, or constable, or inland 
fish and game warden, or a commissioner of inland fish- 
eries and game, and to act as such, or to require any 
one to aid him in a matter pertaining to the duty of such 
office, shall be punished by imprisonment for not less 
than one year, or by fine not exceeding four hundred 
dollars." 

SEARCH AND SEIZURE OF GAME. 

Section 49 of chapter 42 of the public laws of 1899, 
(which is section 46 of chapter 30 of the new edition of 
the revised statutes), provides that, 



53 

"The commissioners and every warden throughout the 
state and every sheriff and constable in his respective 
county are authorized and required to enforce the provi- 
sions of this chapter, and to seize any game or fish or 
game birds taken or held in violation of this chapter; 
and every such officer shall have full povv^er and author- 
ity, and it shall be his duty with or without a warrant, 
to arrest any person whom he has reason to believe 
guilty of a violation thereof, and, with or without a 
warrant, to open, enter, and examine all camps, wagons, 
cars, stages, tents, packs, stores, warehouses, store- 
houses, out-houses, stables, barns, and other places, and 
to examine all boxes, barrels, and packages where he 
has reason to believe any game or fish taken or held in 
violation of this act, is to be found, and to seize the 
same ; provided, however, that a dwelling house 
actually occupied can be entered for examination, only 
in pursuance of a warrant, or to make an arrest." 

PENALTIES— HOW RECOVERED. 

Section 50 of chapter 42 of the public laws of 1899, 
(which is section 47 of chapter 30 of the new edition of 
the revised statutes), provides that, 

"Any officer authorized to enforce the inland fish and 
game laws may recover the penalties for the violation 
thereof in an action on the case in his own name, the 
venue to be as in other civil actions, or by complaint or 
indictment in the name of the state; and such prosecu- 
tion may be commenced in the county in which the 
offense was committed, or in any adjoining county, and 
the plaintiff prevailing shall recover full costs without 
regard to the amount recovered." 

OFFICERS MAY ARREST WITHOUT 
WARRANT. 

Chapter 42, public laws of 1899, section 51, (which is 
section 48 of chapter 30 of the new edition of the 
revised statutes), provides that, 



54 



1 



"Any officer authorized to enforce the inland fish and 
game laws may, without process, arrest any violator of 
any of said laws, and shall with reasonable diligence, 
cause him to be taken before any trial justice or any 
municipal or police court, in the county where the 
offense was committed, or in any adjoining county, for 
a warrant and trial. Jurisdiction in such cases is hereby 
granted to all trial justices and all other courts to be 
exercised in the same manner as if the offense had been 
committed in that county; and any officer who shall 
maliciously, or without probable cause, abuse his power 
in such proceedings shall be liable upon complaint or 
indictment, to a fine not exceeding one hundred dollars, 
or imprisonment not exceeding three months." 

JURISDICTION OF COURTS. 

Section 52 of chapter 42 of the public laws of 1899, 
(which is section 49 of chapter 30 of the new edition of 
the revised statutes), provides that, 

"In all prosecutions under this chapter and the 
amendments and additions thereto, municipal and police 
judges and trial justices within their counties have, by 
complaint, original and concurrent jurisdiction with the 
supreme judicial and superior courts." 

DISPOSITION OF FINES AND PENALTIES. 

Section 53 of chapter 42 of the public laws of 1899, 
(which is section 50 of chapter 30 of the new edition 
of the revised statutes), provides that, 

"Any officer or other person who shall receive any 
fine or penalty, or any part thereof, for the violation of 
any fish or game law, and shall neglect for more than 
thirty days to pay the same into the state treasury, he 
shall be punished by a fine of not less than fifty, nor 
more than one hundred dollars ; all fines and penalties 
recovered, or money paid, under any of the provisions 
of this chapter and the amendments and additions 
thereto, shall by the person receiving the same, be paid 



55 

forthwith to the treasurer of the state, after deducting 
legal taxable costs ; and such money so received by said 
treasurer shall be expended by the commissioners of 
inland fisheries and game for the protection of the fish 
and game of the state." 

SERVICE ON CORPORATIONS HOW MADE. 

Section 54 of chapter 30 of the public laws of 1899, 
(which is section 51 of chapter 30 of the new edition 
of the revised statutes), provides that, 

"In case of a violation of any of the provisions of this 
chapter by a corporation, the warrant of arrest may be 
served by an attested copy served on the president, 
secretar}^ or manager in this state, or any general agent 
thereof in the county where the action is pending, and 
upon return of such v/arrant so served, the corporation 
shall be deemed in court and subject to the jurisdiction 
thereof, and any fine imposed may be collected by execu- 
tion against the property of such corporation; but this 
section shall not be deemed to exempt any agent or 
employe from prosecution." 

PENALTY FOR DJSFIONEST LICENSEE. 

Section 55 of chapter 42 of the public laws of 1899, 
(which is section 52 of chapter 30 of the new edition 
of the revised statutes), provides that, 

"If the holder of any license, certificate, or permit, 
issued in conformity with any of the provisions of this 
chapter, shall persistently or flagrantly and knowingly 
violate or countenance the violation of any of the provi- 
sions of this chapter, such license certificate or permit 
may be revoked by the commissioners, after due notice 
given of the alleged violation, and an opportunity 
afforded to appear and show cause against the same." 

JDUTY OF COUNTY ATTORNEYS, ETC. 
Section 56 of chapter 42 of the public laws of 1899, 
(which is section 53 of chapter 30 of the new edition of 
the revised statutes), provides that, 



56 

"It shall be the duty of each county attorney to prose- 
cute all violations of this chapter occurring within his 
county, when such cases may come to his knowledge, 
or when he may be so requested by the commissioners 
or any officer charged with its enforcement, the same 
at all times to be subject to the supervision and control 
of the commissioners." 

PARTICIPANTS IN VIOLATION OF GAME 
LAWS COMPELLED TO TESTIFY. 

"Sec. 53. In any prosecution under this chapter, any 
participant in a violation thereof, when so requested by 
the county attorney, commissioners, or other officer 
instituting the prosecution, may be compelled to testify 
as a witness against any other person charged with 
violating the same, but his evidence so given shall not 
be used against himself in any prosecution for such 
violation." 

DUTY OF JUSTICES OF THE PEACE AND 
CLERKS OF COURTS. 

"Sec. 53. It shall be the duty of every justice of the 
peace and clerk of the court before whom any prosecu- 
tion under this act is commenced, or shall go on appeal, 
within twenty days after the trial or dismissal thereof, 
to report in writing the result thereof and the amount 
of fines collected, if any, and the disposition thereof to 
the commissioners, at Augusta." > 

DUTY OF WARDENS TO MAKE REPORTS. 

"Sec. 53. In all cases, the officer making the seizure 
or sale of fish, game, or birds, shall within ten days 
thereafter, report all the particulars thereof and an 
itemized statement of the proceeds, expenses, and fees, 
and the disposition thereof to the commissioners, at 
Augusta. 



57 

Every warden shall, in the month of December of 
each year, and at such other times as the commissioners 
may require, report to the commissioners all violations 
of, and prosecutions under this act, occurring in his 
district, together with such further information as the 
commissioners may require. The failure of any person 
or officer to perform any act, duty, or obligation 
enjoined upon him by this act, shall be deemed a viola- 
tion thereof." 

LICENSES. 

NON-RESIDENT HUNTING LICENSE FOR 
MOOSE AND DEER. 

Chapter 99 of the public laws of 1903 provides that, 

Section i. It shall be unlawful for any person not 
a bona fide resident of the state, and actually domiciled 
therein, to hunt, pursue, take, or kill any bull moose 
or deer at any time without having first procured a 
license therefor as hereinafter provided. Such licenses 
shall be issued by the commissioners of inland fisheries 
and game, upon application in writing and the payment 
of fifteen dollars, and under such rules and regulations 
to be established by them, and approved by the governor 
and council, as may be required to carry out the true 
intent of this act and not inconsistent herewith. 

All money received for such licenses shall be forth- 
with paid to the state treasurer, and then expended by 
the commissioners in the protection of moose and deer, 
under the direction of the governor and council. 

Provided, however, that the commissioners of inland 
fisheries and game shall have authority to adjust and 
pay, out of the funds received for such licenses, for 
actual damage done growing crops by deer. 

Provided, further, that the governor and council shall 
have authority to allow the commissioners of inland 
fisheries and game, out of the funds received for licenses 
and fines, such compensation as they may deem just and 



58 

fair for the additional work required of them in carry- 
ing out the provisions of this act. 

Provided, also, that the governor's council shall, as 
often as they see fit, examine the books, accounts and 
vouchers of the commissioners of all moneys received 
by them for all licenses or other fees and make a report 
thereon to the governor. 

Section 2. Each license shall be provided with three 
coupons, one of which shall permit the transportation 
of the carcass of one bull moose, or part thereof, and 
shall be divided into two sections, lettered "A" and "B" 
respectively, and shall be called the "moose" coupon; 
the two other coupons shall permit the transportation 
of the carcass of one deer, or part thereof, each, and 
shall be divided into two sections each, lettered "C" 
and "D" and "E" and "F" respectively, and shall be 
called the "deer" coupons. 

The holder of a non-resident hunting license shall be 
entitled to offer for transportation and have transported, 
within or without this state, by any railroad company, 
express company, boat, or other transportation com- 
pany, the carcass of one bull moose, or part of the 
carcass of one bull moose that he himself has lawfully 
killed, on the "moose" coupon attached to said license; 
also the carcass of one deer, or part of the carcass of 
one deer, that he himself has lawfully killed, on each 
of the "deer" coupons attached to his said license, by 
presenting to the agent of any transportation company, 
his license, with the coupons attached to the license at 
the time when he shall offer the moose or deer for ship- 
ment. The agent receiving the carcass or part of a 
carcass, for shipment shall, if it is a moose, detach sec- 
tion "A" from the "moose" coupon of the license, cancel 
the same by writing or stamping thereon the date and 
place of shipment and his initials, and shall forward the 
same forthwith to the commissioners of inland fisheries 
and game, at Augusta, Maine; section "B" of said 
coupon shall be likewise canceled and shall be attached 
to the carcass, or part of the carcass, of the bull moose 



59 

offered for shipment and shall remain attached to the 
same while it is being transported in this state. 

In case of deer received for shipment, the license must 
be presented to the agent with the coupons attached as 
aforesaid, and, if but one deer is offered for shipment, 
the agent shall detach section "C" from the first "deer" 
coupon and shall cancel it and forward the same to the 
commissioners of inland fisheries and game as aforesaid, 
and section "D" of said coupon shall be likewise can- 
celed and attached to the carcass of the deer or part 
thereof, offered for shipment and shall remain attached 
to the same while it is being transported in this state. 

In case two deer are offered for shipment the agent 
receiving the same for shipment shall detach sections 
"C" and "E" from the "deer" coupons and after can- 
celing the same shall forward them to the commis- 
sioners as aforesaid, and sections "D" and "F" shall be 
likewise canceled and attached to the carcasses of the 
deer, or parts thereof, offered for transportation and 
shall remain attached to the same while it is being trans- 
ported in this state. 

It shall be unlawful to transport any bull moose or 
deer, or parts thereof, within this state for any non- 
resident, otherwise than as provided herein. 

Any agent, servant or employee of any transportation 
company, railroad company, express company, boat or 
common carrier who shall receive for shipment or trans- 
port, or have in his possession with intent to ship or 
transport, any carcass of a bull moose, or part of the 
same, or any carcass of a deer or part of the same, for 
a non-resident, except as herein provided, or who shall 
refuse or neglect to detach the sections of the coupons 
as herein provided, or who shall fail to forward to the 
commissioners of inland fisheries and game, at Augusta, 
Maine, as herein provided, the sections of coupons by 
him detached, shall be punished by a fine of not less 
than twenty-five dollars nor more than one hundred 
dollars and costs for each offense. 



6o 



Section 3. Whoever Is found guilty of violating any 
of the provisions of this chapter, or who shall furnish 
to another person, or permit another person to have or 
use any license or coupon issued to him, or shall change 
or alter the same in any manner, or shall have or use 
any license or coupon issued to another person, or any 
registered guide who shall knowingly guide any non- 
resident in hunting who has not a license to hunt as 
herein provided, shall be punished by a fine of not less 
than twenty-five dollars nor more than one hundred 
dollars and costs for each offense. 

Section 4. All acts and parts of acts inconsistent with 
this act, are hereby repealed. 

Section 5. This act shall take effect July first, nine- 
teen hundred three. 

NON-RESIDENT LICENSE TO HUNT TEAL, 
DUCKS, SEA OR SHORE BIRDS. 

Chapter 236 of the public laws of 1903 provides that, 
"It shall be unlawful for any person not a bona fide 
resident of this state, and actually domiciled therein, to 
hunt, pursue, chase, or kill within the limits of Knox, 
Lincoln, Waldo and Sagadahoc counties, and the towns 
of Brunswick, Harpswell and Freeport in the county of 
Cumberland, any teal, ducks, sea or shore birds without 
first having procured a license therefor as hereinafter 
provided. Such licenses shall be isst.ed by the com- 
missioners of inland fisheries and game, upon applica- 
tion in writing and the payment of five dollars, and 
under such rules and regulations to be established by 
them, and approved by the governor and council, as may 
be required to carry out the true intent of this act and 
not inconsistent herewith. All money received for such 
licenses shall be forthwith paid to the state treasurer, 
and then expended by the commissioners in the protec- 
tion of the birds in the counties and towns above named 
under the direction of the governor and council. 



6i 



Whoever is found guilty of violating any of the pro- 
visions of this act shall be punished by a fine of not 
less than twenty-five dollars nor more than one hundred 
dollars and costs for each ofifense." 



REGISTRATION OF GUIDES. 

Sections 30 and 31 of chapter 42 of the public laws of 
1899, as amended by chapter 186 of the public laws of 
1901, (which are sections 26 and 27 of chapter 30 of the 
new edition of the revised statutes), provide that, 

"Sec. 26. No person shall engage in the business of 
guiding, either for inland fishing or forest hunting, until 
hf has caused his name, age, and residence to be 
recorded in a book kept for that purpose by the commis- 
sioners of inland fisheries and game, and has procured 
a certificate from said commissioners, setting forth in 
substance that he is deemed suitable to act as a guide, 
either for inland fishing or forest hunting, or both, as 
the case may be, under a penalty of fifty dollars and 
costs of prosecution for each offense. Each registered 
guide shall, from time to time, as often as requested by 
the commissioners, forward, on blanks furnished him 
l-y the commissioners, a statement of the number of 
persons he has guided in inland fishing and forest hunt- 
ing during the time called for in said statement, the 
number of days he has been employed as a guide, and 
such other useful information relative to inland fish and 
game, forest fires, and the preservation of the forests 
in the localities where he has guided, as the commis- 
sioners may deem of importance to the state, under a 
penalty of fifty dollars for unreasonably or wilfully 
refusing to comply with these requirements." 

"Sec. 27. Such registration as is provided for in this 
chapter shall be as follows : the applicant shall apply 
in writing or personally to the commissioners for regis- 
tration, or to some person designated by the commis- 
sioners, setting forth in his application whether he 
desires to be registered as a general or local guide; and 



62 



the commissioners shall, as soon thereafter as may be, 
register such person as a guide in such class as they 
shall deem proper, after such investigation as they 
shall deem proper; but said commissioners may refuse 
to register any applicant whom they deem unfit to be a 
guide, and may, for cause shown, after due notice and 
hearing, cancel any registration by them made, and may 
advance anyone from the local class to the general 
class, whenever they shall deem such person qualified 
to be a general guide. Whenever a guide registered, 
as provided in this chapter, is convicted of any violation 
of any of the inland fish and game laws, the commis- 
sioners shall, at their discretion, cancel his certificate 
of registration and strike his name from the list of 
registered guides ; but such person may thereafter be 
registered again at the discretion of the commissioners. 
Any certificate cancelled by virtue of this chapter shall 
be immediately returned to the commissioners, under a 
penalty of fifty dollars for refusal or neglect to comply 
with this requirement. A fee of one dollar shall be 
paid annually for the registration as herein provided. 
No person shall receive a certificate as a general guide 
unless he be at least twenty years of age, of good 
repute, and friendly to the inland fish and game laws, 
and will discountenance in all proper ways all violations 
thereof. He shall be thoroughly competent to traverse 
the hunting grounds of the state in which he is licensed 
to guide, and shall be skilled in the use, management, 
and handling of such boats or canoes, on lake, pond, or 
river, as are used in the territory in which he is author- 
ized to guide, and shall be a safe person under all cir- 
cumstances to be a guide for inland fishing and forest 
hunting parties. A person may receive a certificate as 
a local guide who does not, in the judgment of the 
commissioners, possess all the necessary qualifications 
of a general guide, yet is deemed suitable to act as such 
under certain conditions ; and guides may be restricted 
in the territory in which they are permitted to guide. 
Every non-resident registered as a guide shall pay a 



63 

fee of twenty dollars ; the commissioners may at their 
discretion refuse to issue any certificates of registration 
after October twentieth of each year, and every certifi- 
cate issued shall expire with the calendar year. An 
official badge for guides may be prepared by the com- 
missioners." 

Guide law declared to be constitutional. State vs. 
Snowman. '94 Maine Reports, page 99. 

LICENSED CAMP PROPRIETORS AND 
HUNTERS AND TRAPPERS. 

Section 29 of chapter 42 of the public laws of 1899, as 
amended by chapter 186 of the public laws of 1901, 
(which is section 25 of chapter 30 of the new edition of 
the revised statutes), provides that, 

*'No person shall build, occupy, maintain or keep a 
sporting camp, lodge or place of resort for inland hunt- 
ing or fishing parties in any place, nor engage in the 
business of hunting or trapping any of the fur bearing 
animals of the state in any of the unorganized townships 
or wild laiids of the state without first procuring a 
license therefor from the commissioners of inland 
fisheries and game, and paying a fee therefor of five 
dollars; and he shall make such report to the commis- 
sioners as may be called for; but a license to build, 
occupy, maintain or keep such sporting camp, lodge or 
place of resort shall not be granted unless the person 
applying for the same files with his application therefor, 
the written consent of the owner or owners of the land 
or his or their agent upon which such camp, lodge or 
place of resort is or may be located ; and such licensed 
persons may purchase for consumption in their sporting 
camps, lodges or places of resort, deer lawfully killed, 
but they shall keep a record of all such purchases, of 
whom purchased and the date of the purchase, and on 
December fifteenth of each year shall make written 
report thereof to the commissioners under oath; who- 
ever violates any of the provisions of this section shall 



64 

be fined one hundred dollars and costs for each offense ; 
the commissioners, however, may refuse to issue a 
license or licenses to such person or persons as they 
deem unsuitable." 



LICENSED MARKETMEN AND PROVISION 
DEALERS. 

Section 42 of chapter 42 of the public laws of 1899, 
(which is section 23 of chapter 30 of the new edition of 
the revised statutes), provides that, 

"Any markctman or provision dealer, having an estab- 
lished place of business in this state, may purchase and 
have in his possession at his said place of business not 
more than three deer, lawfully killed or destroyed, or 
any part thereof, at one time, and may sell the same at 
retail to his local customers, provided, however, that 
said marketman or provision dealer, shall have procured 
a license of the commissioners of inland fisheries and 
game to carry on said business of buying and selling 
deer as aforesaid; and provided further, that said 
marketman shall record in a book kept for that purpose, 
and open to the inspection of inland fish and game 
wardens and the commissioners of inland fisheries and 
game, the name and residence of each person of whom 
he purchases any inland fish or game, and the date of 
such purchase; and if any marketman or provision 
dealer shall violate the provisions of this section, he 
shall be fined five hundred dollars for each offense, and 
be prohibited for five years thereafter from the benefits 
cf this section. 

All marketmen or provision dealers licensed as afore- 
said shall pay to the commissioners, in cities and towns 
of over three thousand inhabitants, five dollars annu- 
ally, and three dollars in all other places; or instead of 
this fee, the commissioners may, at their discretion, 
issue Hcenses authorizing the retailing of deer as above 
specified, on payment of fifty cents for each deer 
retailed ; said marketmen and provision dealers holding 



65 



these licenses shall annually, on December fifteenth, 
make, sign, and send to the commissioners, under oath, 
a statement setting forth in detail the number of deer 
by them bought, and of whom bought, and the date of 
each purchase, during the time covered by their 
licenses ; and whoever fails to make the report required 
in this section shall be subject to a penalty of one hun- 
dred dollars and costs." 

LICENSES TO BUY AND TAN DEER SKINS. 

Section 28 of chapter 42 of the public laws of 1899, 
(which is section 24 of chapter 30 of the new edition of 
the revised statutes), provides that, 

"The commissioners may annually issue licenses to 
suitable persons to buy and sell, or tan, deer skins law- 
fully taken. Such persons shall keep a record of all 
deer skins purchased, of whom purchased, and the date 
of purchase, and shall report annually to the commis- 
sioners. The fee for such license shall be five dollars, 
to be paid to the commissioners and by them to the state 
treasurer ; and whoever, licensed as aforesaid, unreason- 
ably and wilfully refuses to make such report, shall be 
punished by a fine of one hundred dollars and costs." 

TAXIDERMISTS. 

Chapter 222 of the public laws of 1901, (which is sec- 
tion 10 of chapter 30 of the new edition of the revised 
statutes), provides that, 

"The commissioners of inland fisheries and game 
may, upon application, issue a license to such persons 
2S taxidermists, who, in their judgment, are skilled in 
that art, of good reputation, and friendly to the fish and 
game laws of the state ; and may also issue licenses to 
suitable persons, whose numbers shall not exceed fifteen 
at one time, to take, kill, capture, and have in possession 
any species of birds other than domestic and the eggs 
and nests thereof for scientific purposes ; and for such 
licenses the applicant shall pay the sum of five dollars ; 



66 



but no person thus allowed to take and have in posses- 
sion birds for scientific purposes, shall sell or offer for 
sale, or take any compensation for specimens of birds, 
nests or eggs, or dispose of the same, by gift or other- 
wise, to be taken from the state, except for exchange 
of specimens for scientific purposes; and for any viola- 
lion of the provisions of this section, such persons shall 
be subject to a fine of not less than ten nor more than 
fifty dollars. This section, however, shall not authorize 
the killing of any birds nor the taking of any birds' 
itests or eggs thereof on vSunday ; and the commissioners 
may, for cause, revoke any license authorized by this 
section. Taxidermists mentioned in this section may 
at all times have in their possession, at their places of 
business, fish and game lawfully caught or killed in open 
time for the sole purpose of preparing for and mounting 
the same ; and such fish and game, or parts thereof, may 
be transported to such licensee and retained by him for 
the purposes aforesaid, under such rules, restrictions 
and limitations as shall, from time to time, be made by 
said commissioners and stated in such original license 
and additions made thereto, from time to time, by said 
commissioners. Such licenses may be revoked by said 
commissioners, at any time after notice and an oppor- 
tunity for a hearing : such licenses shall be for the term 
of three years, and each person so licensed shall annu- 
ally, on or before December first of each year, make a 
detailed, written report to the commissioners of all they 
have done during the year by virtue of such license; and 
every licensee or carrier violating any of the provisions 
of this act, or of the rules, restrictions, or limitations 
set out in said license and additions thereto, shall, on 
complamt before any trial justice or municipal or police 
court, be fined not less than twenty dollars nor more 
than fifty dollars." 



67 



PROTECTION OF FORESTS. 

FIRE. 

Section 15 of chapter Z2>7 of the piibHc kws of 1885, 
(which is section 15 of chapter 26 of the new edition of 
the revised statutes), provides that, 

"Whoever kindles a fire on land not his own, without 
consent of the owner, forfeits ten dollars ; if such fire 
spreads and damages the property of others, he forfeits 
not less than ten nor more than five hundred dollars, 
and in either case he shall stand committed until fine 
and costs are paid, or he shall be imprisoned not more 
than three years." 

Chapter 100 of the public laws of 1891, as amended by 
chapter 168 of the public laws of 1903, provides that, 

"Sec. I. The state land agent is hereby made forest 
commissioner of the state of Maine, and in addition to 
Ihe salary now received by him as land agent, he shall 
receive as compensation for his services as forest com- 
missioner four hundred dollars per annum, and his 
actual traveling expenses incurred in the performance 
of his duties, an account of which shall be audited by 
the governor and council. 

"Sec. 2. The selectmen of towns shall be, ex-oflficio, 
forest fire wardens therein and shall divide said towns 
into three districts, bounded as far as may be by roads, 
streams of water, or lot lines, and assign to each of their 
number the charge and oversight of one district as dis- 
trict fire wardens therein. A description of each 
district and the name of the fire warden thereof shall be 
recorded with the town clerk. The services of such 
selectmen acting as said fire wardens, shall be paid for 
at the same rate as is paid for their official services. It 
shall be the duty of the fire warden of the district in 
which a fire is discovered to take such measures as may 
be necessary for its control or extinction. For this pur- 
pose he shall have authority to call upon any persons 
in the territory in which he acts for assistance ; and such 



68 



person shall receive such compensation not exceeding 
fifteen cents per hpur as said selectmen may determine, 
the same to be paid by the town. But no town shall be 
holden to pay for extinguishing forest fires in any year 
an amount greater than two per cent upon its valuation 
for purposes of taxation. Jf any person so ordered to 
assist, and not excused from said service by said forest 
fire warden on account of sickness, disability or some 
miportant business or engagement, shall neglect to 
comply with any such order he shall forfeit the sum 
of ten dollars, to be recovered in an action of debt in 
the name and to the use of the town, by the treasurer 
ihereof. 

"Sec. 4. It shall be the duty of the forest commis- 
sioner to take measures for the prevention, control and 
extinguishment of forest fires in all plantations and 
unorganized townships, and to this end, he shall appoint 
ruch number of forest fire wardens to patrol the forests 
as may be necessary to carry out the provisions of this 
act, assigning to each warden the territory over and 
within which he shall have jurisdiction. Fire wardens, 
so appointed, shall hold office during the pleasure of 
said commissioner, be sworn to the faithful discharge 
of their duties by any officer authorized to administer 
oaths, and a certificate thereof shall be returned to the 
office of said commissioner. Said wardens shall per- 
form such duties, at such times, and under such rules 
and regulations, as the commissioner may prescribe, and 
they shall receive as compensation two dollars for each 
day of actual service. Whenever a fire occurs on, or 
is likely to do damage to, forest lands within the juris- 
diction of any such fire warden he shall take immediate 
action to control and extinguish the same, and for this 
purpose forest fire wardens are hereby authorized to 
summon to their assistance citizens of any county in 
which said fire may be, and every person so summoned 
and assisting shall be paid fifteen cents for each hour of 
service rendered by him. Immediately after the extin- 
guishment of a fire the warden in charge shall make 



69 



return, under oath, to the commissioner, of the expense 
thereof, including the names of the persons so sum- 
moned and assisting, with their post office addresses, 
and the hours of labor actually performed by each. All 
expense incurred under the provisions of this section 
shall be paid fronj the funds appropriated to and for the 
use of the forest commission." 

BEWARE OF LEAVING CAMP FIRES 
BURNING. 

Chapter loo of the public laws of 1891, section 5, as 
amended by chapter 251 of the public laws of 1901, 
(which is section 56 of chapter 5 of the new edition of 
the revised statutes), provides that, 

"Whoever by himself, or by his servant, agent, or 
guide, or as the servant, agent, or guide of any other 
person, shall build a camp, cooking, or other fire, or 
use an abandoned camp, cooking or other fire in or 
adjacent to any woods in this state, shall, before leaving 
such fire, totally extinguish the same, and upon failure 
to do so such person shall be deemed guilty of a mis- 
demeanor and upon conviction thereof shall be pun- 
ished by a fine of fifty dollars, provided that such fires 
built upon the sea beach in such situation that they 
cannot spread into forest wood or cultivated lands or 
meadows, shall not be construed as prohibited by this 
act. One-half of any fine imposed and collected under 
this section shall be paid to the complainant." 

THE LACEY BILL. 

The Act of Congress, approved May 25, 1900, has 
given new interest to the restrictions imposed by the 
various states for the protection of game. 

This act supplements existing state laws by pro- 
hibiting the shipm.ent from one state to another of 
game or birds killed in violation of local laws, and by 
subjecting birds and game brought into a state to the 
same restrictions as those prescribed for game and 
birds produced within that state. 



70 

This law is regarded as one of the most important 
ones yet enacted in the interests of game and bird pro- 
tection. 

This federal game law, it can readily be seen, is 
additional protection to existing state game laws. 
With good laws well executed, the craft of law evader 
falls into disrepute. This federal game law will prove 
an additional check to violators of the state game 
laws. 

The violator of the law has heretofore not had much 
to fear, if the game was once got out of the state, con- 
sequently state game laws have not been sufficiently 
lar reaching. 

I submit herewith sections 3, 4 and 5 of the Act 
above referred to for the information of shippers, deal- 
ers and others : 

"AN ACT TO ENLARCxE THE POWERS OF 
THE DEPARTMENT OF AGRICULTURE, 
PROHIBIT THE TRANSPORTATION BY 
INTERSTATE COMMERCE OF GAME KILLED 
IN VIOLATION OF LOCAL LAWS, AND FOR 
OTHER PURPOSES. 

Sec, 3. It shall be unlawful for any person or per- 
sons to deliver to any common carrier, or for any com- 
mon carrier to transport from one state or territory 
to another state or territory, or from any state or terri- 
tory to the District of Columbia or Alaska, any foreign 
animals or birds the importation of which is prohibited, 
or the dead bodies or parts thereof of any wild animals 
or birds, where such animals or birds have been killed 
in violation of the laws of the state, territory or dis- 
trict in which the same were killed: Provided, that 
nothing herein shall prevent the transportation of any 
dead birds or animals during the season when the same 
may be lawfully captured, and the export of which is 
not prohibited by law in the state, territory or district 
in which the same are killed. 



71 



Sec. 4. That all packages containing such dead ani- 
mals, birds or parts thereof, when shipped by interstate 
commerce, as provided in section one of this act, shall 
be plainly and clearly marked, so that the name and 
address of the shipper and the nature of the contents 
may be readily ascertained on inspection of the outside 
of such packages. For each evasion or violation of 
this act the shipper shall, upon conviction, pay a fine 
not exceeding two hundred dollars ; and the consignee 
knowingly receiving such articles so shipped and trans- 
ported in violation of this act shall, upon conviction, 
pay a fine not exceeding two hundred dollars ; and the 
carrier knowingly carrying or transporting the same 
shall, upon conviction, pay a fine of not exceeding two 
hundred dollars. 

Sec. 5. That all dead bodies, or parts thereof, of 
any foreign game animals, or game or song birds, the 
importation of which is prohibited, or the dead bodies 
or parts thereof, of any wild game animals, or game or 
song birds transported into any state or territory, or 
remaining therein for use, consumption, sale or storage 
therein, shall, upon arrival in such state or territory, be 
subject to the operation and effect of the laws of such 
state or territory enacted in the exercise of its police 
powers, to th^ same extent and in the same manner as 
though such animals and birds had been produced in 
such state or territory, and shall not be exempt there- 
from by reason of being introduced therein in original 
packages or otherwise. 

This act shall not prevent any importation, trans- 
portation, or sale of birds or bird plumage manufac- 
tured from the feathers of barnyard fowl." 



APPENDIX . 



DRIFT NETS—PENOBSCOT RIVER. 

Chapter 453 of private and special laws 1901, provides : 
Drift nets, of a mesh not less than 2y2 inches square, 
may be used by inhabitants of this state, from 6 o'clock 
in the afternoon of Wednesday to 6 o'clock in the after- 
noon of Saturday of each week, during open season, in 
fishing for and taking salmon in the Penobscot river 
from the Water Works' dam at Bangor to the mouth of 
Seboeis river, so called, on the east branch of said 
Penobscot, provided, however, that no salmon shall be 
so taken between said points in said river except for the 
purpose of consumption in the homes of the inhabitants 
so taking, and that no drift net shall be used within 300 
yards of any dam or mill race on said river. 

Section 2, chapter 191, private and special laws 1899. 
If in the judgment of the commissioners of inland fish- 
eries and game, the privileges granted by section one are 
abused, misused or are detrimental to the proper propa- 
gation of the salmon fisheries on any part of the Penob- 
scot river, said commissioners shall have power and are 
hereby authorized to suspend the operation of this act. 



INDEX. 



A. 

PAGB 

Androscoggin county, protection of deer in 38 

A-ndroscoggin county, ice fishing prohibited in cer- 
tain waters 17 

Androscoggin county, ceirtain waters closed to all 

fishing, and special laws in 21-22-26 

Alleni pond in Greene closed tO' ice fishing 17 

Auburn, lake, ice fishing prohibited and tributaries 

closed 17-22 

Aroostook county, certain waters cloised, ice fish- 
ing in 18-22 

Anonymous pond, tributaries closed 23 

Anasagunticook, tributaries closed 24 

Alford's pond, tributaries closed 23 

Alder bnook ' 22 

Artificial lights prohibited in hunting 36 

Artificial culture of fish 15 

Annual close time for fish 3 

Annual close time on moose, deer and oairibou, 34-35-36-38 

^^nnual close time on game birds 42-4-7 

Agents, Commissioners may appoint 12-13 

Annabessacook lake 18 

Ambajejus lake — , 20 

Allagash lake 20 

Alewife, definition of 16 

Androscoggin pond, ice fishing prohibited in 18-19 

Alder stream 22 

Aziscohos falls 30 

Abbey pond, M. T 30 

Accidental shooting while hunting, penalty for... 41 

B. 

Bounty on bears and porcupines 40-41 

Bounty on wolves 40 

Brettun's pond, ice fishing prohibited 'and tribu- 
taries closed 17-22 

Bubble pond, ice fishing and tributaries 18-23 



74 

PAQE 

Bear pond 19 

Bemis stream closed 22 

Birds, grame, close time on, and insectivorous 42-44-47 

Barrett brook, tributaries closed 25 

Beaver brook closed, Beaver pond 25 

Big Wood pond 25 

Bonny Beg pond, tributaries closed, ice fishing 21-26 

Buck's Falls 24 

Bull moose 34 

Bond of wardens 51 

Boyd lake 20 

Bond when game is seized 52-54 

Birds, wild, protected 44 

Bowen brook closed 23 

Ben-Motrrlson brook closed 23 

Bass, black, length of to be taken in certain 

waters, and number 26-29-30 

Branch brook, Thomaston 23 

Bird pond in Norway ."-. 19 

Burnt land pond 19 

Bradley pond 19 

Bog pond 19 

Burnt moadow pond 19 

Barker pomd 19 

Bungamuck pond .\ 19 

Brassua ]ake 25 

Bunganeaut pond , 21 

Bait fish 5-6 

Beaver, close time on 40 

Bass, definition of 16 

Billings, First pond or 18 

Bickf ord 19 

Big Benson pond 20 

Big Huston pond 20 

Big Carry pond 21 

Bear pond, Androscoggin county 22 

Bryant pond, tributaries of, clo'sed 24 

Bear pond, Piscataquis county 24 

Bean brook 25 

Billings pond, Oxford county 30 

Barker's pond 30 

Black pond, Upper and Lower 30 

Black g*ame, protection of 43-44 

Birds' nests and eggs, Commissioners to take 65 



75 
c. 

PAGE 

Close time on moose, caribou and deer 34-35-36-38 

Close time for land-locked sailmon, trout, togue 

and white perch land game birds 3-4-42 

Cumberland county, ice fishing prohibited in cer- 
tain waters and certain waters closed 18-22 

Crocker pond, Hancock county, ice fishing pro- 
hibited 18 

Cryst'aJ lake in Washington 19-24 

Contraband, grapnel, spear, &c., when 5 

ComnLissioners, appointment of, duties and powers, 9 
Commissioners may grant permit to take certain 

fish 8 

Cusk, Comimissioners may grant permits to take.. 8 

Commis.sioners may appoint taxidermists 65 

Capercailzie, protection of 43-4 

Caribou, protection of 34 

"Clooe season" and "close time" defined 3 

Corporations, service of warrants on 55 

Certificates, Commissioners may revoke 62 

County Attorneys sh'all prosecute 55 

Orooked river 22 

Cupsuptic stream, lake, pond and river 26-30 

Clearwater pond, tributaries closed and special 

law 23-27 

Carthage, Webb'is river 23 

Cow and calf moose, protection of, and defined 34 

Camps, sporting, must be registered 63 

Certificates, guides 63 

County Commissioners 12 

Crows 44 

Close time on liUm'an beings 41 

Curlews 44 

Conroy lake, closed 18 

Chandler mill stream 23 

Crossman stream 23 

Cobscook river 17 

Cobbosseecontee ilake 18 

Crocker pond 19 

Clay pond 19 

Charles pond 19 

Clemens ponds 19 

Colcord pond 19 

Club house, Oxford 24 

Cedar lake 20 



PAGB 

Chesuiicook lake 20 

Center pond 20 

Caribou lake 20 

Chamberlain lake 20 

Caucomgomic lake 20 

Churchill lake 20 

Chemquassabamtloook lake — : 20 

Courts, jurisdiction of 54 

Clerks of Courts, duties of 56 

Cold stream pond 20 

Coos brook 22 

Canaan lake 23 

Cold brook, Great brook and 24 

Cumberlaind county, bass in certain lakes in 30 

Chipmunks or squirrels, protection, of 37 

Commissioners to take birds' nests, etc 65 

Camp fires 69 

D. 

Deer, protection of 35 

Deer, protection of, in certain counties 38 

Deer, protection of, on Isle au Haut 38 

Deer or moose not to be given 'away 47 

Dogs, use of, prohibited 36 

Dogs hunting game may be killed 35 

Dyer's pond, tributaries closed, no ice fishing 19-24 

Dutton'B pond, laws on •. .. 22 

Doughty ponds, Twin and 24-27 

Damairiscotta river exempt 16 

Denny's rivor 17 

Dynamite, use of, forbidden 5 

Dams and fishways 12 

Duck, protection of 44 

Destruction of mink 40 

Deer skins, license to sell and deal in them 65 

Doves 45 

Duck pond, tributary closed 22 

Dead river pond 28 

Dexter pond, tributaries closied 24 

Debscone&^g lake 20 

Davis stream 24 

Douglass pond 21 

Definition of salmon, trout, &c 16 

Drift nets, use of on Penobscot river 72 



T7 
B. 

PAGE 

Eagle lake, Piscataquis county 20 

IJels, Commissioners may grant permits to take.. 8 

Eggs of birds protected 44 

Exempted waters rrom jurisdiction of iCommis- 

sioners IC 

East Mlachias river 16 

East pond, tributaries closed, ice fishing prohibited, 19-23 

Ellis river 29 

Eden, exempted waters, in 16 

Embden pond, tributaries closed 25 

Evidence, prim'a facie having fire arms in posses- 
sion 46 

I'^ibeeme ponds 20 

Eagle lake, Hancock county 18-23 

Eastern Penobscot river, exempted 16 

Ellis pond 19 

ElJis pond, in T. 1, R. 6, Somerset county 20 

Ellis pond, Kennebec county, tributaries closed 23 

Eden, protection of deer in 38 

F. 

Franklin county, close time for fishing in 4 

FranMin county, ica fishing prohibited 4-18, 

Franklin county, certain waters closed 22 

Franklin county, special laws on certain waters.. 2ff 

Four ponds, tributaries of, etc 23-27 

Fish pond 25 

Fish, protection of 3-4-42 

Fish spawn, use of prohibited 5 

Fish, trtansportation of 6 

Fish, introduction of prohibited 7 

Fishways and dams 12 

Fish, artificial propagation of 15 

Fish, riparian proprietor may cultivate 13 

Fish and game wardens, appointment, powers and 

duties of 50 

Fisher, protection of 40 

5'ines, collection and disposal of 54 

Fine for illeg^al killing of moose, caribou, deer 35 

Firearmis, method of sporting with 48 

Fires, kindle 41-69 

Fees, collection and disposal of 53-54 

Forestry commissioner, laws, and forest fires 67 

Farrington pond 19 



78 

PAGE 

Franklin county, exempted waters in 16 

I'irst or Billings pond 18 

Flying pond 19 

Fires, c'amp 69 

First Buttermilk poiud 20 

Falii pond 21 

Freeman, streams in 28 

Flat Iron pond 28 

Frenchman's bay, protection of ducks, etc., in 46 

Fire wardens, fish and game wardens aire 53 

G. 

Green lake, ice fishing prohibited and tributaries 

closed 18-23 

Garla.nd pond 24 

Grindstone pond, fishing in 27 

Great pond, no ice fishing, tributaries closed 20-23 

Grapnel, use of prohibited 5 

Game birds, protection of 42 

Game birds, defined 44 

Game and birds may be taken for public park pur- 

])oses 12 

Guides must be registered 61 

Gardiner and Randolph bridge, protection of duck 

routh of 46 

Grassy pond, speci'al law on 19-24 

Gulf streojm 25 

Game, not to be given away or sold to be trans- 
ported outside of the state 47 

Grandeur pond 19 

Grand lake, Piscataquis county 20 

Gammon pond 21 

Grand lake and stream, see special law 21-30 

Genera:! law for fishing 3-4 

Great Watchic pond 18-23 

Greenwood pond. Large, in Pilliottsville 20 

Gilm'an pond 20 

Great brook and Cold brook 24 

Goodwin brook 25 

Gull pond 28 

Guides must not guide more than five non-resi- 
dents in certain cases 41 



79 

H. 

PAQBJ 

Hancock county, ice fishing prohibited in certain 

waters in 18 

Horseshoe pond, Oxfoird county 19 

Hancock county, certain waters in closed at all 
times, and special laws in regard to black bass.. 23-28-29 

Hebron pond, tributaries 24 

Hancock pond, Somerset county 21 

Hildreth's iMiJls 22 

Howard's pond 24 

Haj'den lake, tributaries closed 25 

Hawks 44 

Hunters and trappers, professional, license of 63 

Human belng-s, close time on 41 

Hancock county, sale of trout in, prohibited 29 

Haley pond 19 

Hogan pond 19 

Houston pond, Little 30 

Hedgehogis, bounty on 41 

Holland brook 23 

Horseshoe pond, Piscataquis county 25 

Higgins stream 25 

Highland lake, bass in 30 

Hj. e, or rabbit, protectiom of 37 

Hunters, non-resident, of moose and deer must be 
licensed, and hunters of birds in certain coun- 
ties 57-58-59-60 

I. 

llJegal fishing, penalty for 4-30 

Introduction of certain fish and animals prohibited, 7 

Isle au Haut, protection of deer on 38 

Indian pond, Franklin county 18-21 

Indian pond, Somerset county 21-18 

Indian pond, Oxford county 24 

J. 

Jordan pond, ice fishing prohibited in 18 

Jordan's dam 23 

Jack lights, use of forbidden and contraband when, 8-36 

Jurisdiction of trial justices and duties 54-56 

Jurisdictianj of courts 54 

Jimmy pond, Kennobec county 18-23 

Jo Mary dake 20 

John's pond 28 



8o 
K. 

PAGE 

Kennebec county, close time in for fish, and ice 

fishing in, and tributaries closed in 4-18-23 

Knox county, ice fishing- prohibited in certain 

waters, ^and waters closed 19-23 

Kennebec river, protection of diicks in 46 

Kennebago stream and lake arid Tjittle Kenne- 

bago 22-36-27-28 

Kezar, Upper and Lower pond, bass in, etc 29-30 

Kindle fires, oni wild lands 41 

i-Cennebec county, protection of deer in 38 

Knox county, protection of deer in 38 

Kezar's Lower and Five, in Waterford 19 

Kneeland pond 19 

Keyes pond 19 

Keoka lake, bass in 29-30 

Ki)nball, Lower pond 19 

Kennebec county, length and number of bass that 

can be taken in certain waters in 29 

Kezair pond, lower, protection of water fowl in.. 46 

L.. 

Licenses 57 to 66 

Land-locked salmon, definition of 16 

Land -.locked salmon, close time on 3-4 

Lake Auburn, law on and tributaries 17-22 

Long pond, Hancock county 18 

Lake Hebron, or Hebron pond 24 

Lake Onawa 24 

Littlefield's pond, Sanford, ice fishing prohibited.. 21 
Lincoln county, ice fishing prohibited in certain 

waters in and tributaries closed in 19-24 

Long pond and stream. 24 

Lulkin pond and tributaries 23 

Lily pond, muskrats may be killed in, Shirley 25 

Licenses, to deal in deer skins 65 

liittle Bear pond, tributaries closed ' 24 

I>ake George, tributaries closed 25 

Licensed sporting camps and guides 61-3 

Length of land-locked S'almon, tro-ut, etc 6 

Lincoln countj", protection of deer in 38 

Launches, use of, hunting ducks 46 

Lermonds pond, tributaries closed 23-24 

Little pond 19 

Lovewell's pond 19 

Lobster lake 20 



8i 

PAGE 

Lambert lake, tributary closed 26 

"Lj" pond 21 

"I.acey" bill 70 

Little river, in Perry 16 

Little Sebago pond 18 

Long pond, Kennebec county 18-23 

Long pond, Oxfo^rd county 19-30 

Long pond, in Porter 19 

Long pond, Franklin county, tributairies of 22 

Little pond, Kennebec county, tributaries of 23 

Lower Wilson pond ., 25 

Lincoln pond 30 

License of hunters 57-60 

M. 

Moose, protection of 34 

Moosehead lake 20-24 

Messabesic, or Shaker pond, ice fishing prohibited, 21 

Middle Branch pond 21 

Minnows for bait, taking of 5 

Merrymeeting bay, protection of ducks in 46 

Mink, protection of, and Commissioners may kill.. 12-40 

Muskrat, protection of 40 

Moose shall not be sold or given away 47 

Marketmen must be licensed 64 

Madawaska lake, tributaries closed 22 

Metalluc and Mill brooks, closed when 22 

McGraw pond 19-23 

MegalJoway river 30 

Mosquito stream, closed 25 

Moxie pond 25 

Moose pond and Mud, in Paris 19 

Mooselucmiaguntic lake 22 

Maranocook lake 18 

Meadow brook, Thomaston 23 

McWain pond 19 

Munsungan lake 20 

Millinocket lake 20 

Mc ose river 24 

IMonson pond stream 24 

Morrill pond 25 

Misery stream '. 25 

Main stream 25 

Mt. Desel-t, waters in, exempted 16 

Moose pond, Waterf ord 19 

Moose pond, Denmark 19 

Middle pond, Oxford county 19 



82 

PAGE 

Moose and Mud ponds, Somerset county 21 

Mud ponds, Tim and, tributaries of and special 

laws on 22-27 

Mountain pond 25 

Moose pond, Someirset county 25 

Mt. Desert, protection of deer in 38 

N. 
Noyes' pond, ice fiisliing prohibited and tributaries 

closed 18-23 

Nets, contraband when 8-45 

North West river, not closed 22 

North pond, Kennebec county 19-23 

Non-iresidents must employ guides in certain cases, 41 

Non-reisident guides, fee lof 62 

Norton pond 23 

Namakanta lake 20 

Number Nine lake 18 

N arrows pond, Kennebec county 18 

North pond, Oxford county 19 

North pond, in Greenwood and .Woodstock 19 

Narraguagus lake 21-26 

North pond, Varnum and, tributaries of 23-27 

2-Ion-resident hunters* licenses 57-60 

O. 
Oxford county, special laws for fishing in, and 

bass law on certain waters 29 

Oxford county, ice fishing 19 

Onawa lake, tributaries closed 24 

Oxford county, certain waters closed to all fish- 
ing 24 

Officers may arrest vvithout warrant 53 

Owla 44 

Open season defined 3 

Oaks pond 20 

Otter pond 30 

P. 

Pickerell pond, Hancock county, ice fishing pro- 
hibited 18 

Piscataquis county, ice Ifishing in and tributaries 

closed 20-24 

Penobscot county, ice fishing in and tributarleis 

closed 19-24 

Penalty for using forbidden implements in fishing, 5 

Piscataquis county, special laws on fishing in — 30 



83 

PAGE 

Penalty lor having contraband implements In pos- 
session 5 

Permits may be granted for taking certain fish in 

closed waters and game birds for park purposes, 8-12. 

Partridge, close time on 42 

Plover, close time on 42 

Penalty for illegally hunting game birds 43 

Proteiction of birds, etc 44 

Penalty for dishonest officers and licenses 52-55 

Provision dealers must be licensed 64 

Pemaquam river 17 

Penalties, how collected and disposed of 53-54 

Founds of fish which may be taken and trans- 
ported 6-48 

Pennesseewas'see lake and Little Pennesseewassee, 24 

Paj-lin pond and stream, tributaries closed 25 

Partioipa.nt compelled to testify 56 

Park purposes, game taken for 12 

Per cent., twenty-five, of fish eggs to be retvumed, 15 

Penalties, moose, caribou, deer 35-36 

Pappoose pond 19 

Proctor pond 19 

Pleasant pond, Oxford county 19-24 

Pamadumcook lake 20 

Pepper pond 20 

Pleaisamt river, exempted 16 

Pease pond 18 

Palmer pond 20 

Pickerel pond, Somerset county 20 

Pierce pond 20 

Pickerel pond, Oxfcrd county 24 

Paimachenee lake 30 

Pollution of certain streams 31-2-3 

Porcupines, bounty on 41 

Prosecutions must be reported 56 

Penobscot river, use of drift nets in 72 

Q. 

Quail, protection of ' 43 

Quimby pond, fishing in 27 

R. 

Ruffed grouse, protection of 42 

Registered guides (must laccompany parties camp- 
ing during certain months 41 

Royal iriver 16-22 

Rangeley lake and stream 22-26 

Ross pond, tributaries of 22 



84 

PAGE 

Roxbury pond 24 

Rapid river 24 

Rowell pond 20 

Ross lake 18 

Rattlesfloake pond 19 

Round pond 19 

Ragged lake 20 

Round pond, Somerset county 20 

Reed's FaUs 22 

Rum pond 25 

Rump pond 30 

Ra bbits, protection of 37 

S. 

St. Croix river, close time on, and exempt 4 

Somerset county, ice fishing 20 

Sabbath Day pond, ice fishing prohibited in, and 

tributaries closed 18-22 

Shaker pond, ice fishing prohibited in 21 

Somerset county, certain waters closed and speciaJ 

laws in , 25-30 

Screens, and protection of 8-9-12 

Spawn, fish, use of prohibited 5 

Spears, use of prohibited, and contraband when.. 5-8 

Seine, use of prohibited 5 

Set lines, use of prohibited, except in ice fishing. . 4-5 

Suckers in closed waters 8 

Sandpipers and snipe, protection of 42 

Sparrows, English 44 

Sable, protection of 40 

Sunday is close time on game and birds 39 

Search and seizure by wardens ■ 52 

Seizure of game, birds and fish 52 

Salmon and trout, length of 6 

Sheriffs and deputies are wardens 51 

Service of warrants on corporations 55 

Sebago lake, tributaries closed, open season begins, 4-22 

South Bog stream 27 

Sandy River pond 23 

Snow pond 19-23 

Songo pond 19-24 

Sand pond 24 

Smith pond 20 

Snares forbidden 36-46 

Stone pond 19 

Sagadahoc county, protection of deer in 38 

Sebec lake 20 

Spoon hooks 5 



85 

PAGE 

Spinners 5 

Smelts, may be taken for food purposes 6 

Swan Island, protection of deer on 38-9 

Season., open and close 3 

Shore 'and surf birds and snipe 44 

Sabattus pond, bass in , 26 

Seven ponds and stream, fishing in 27-28 

Saddleback stream 23 

Salmon lake, known as Gull pond 28 

Slab City pond 19 

Seboeis lake 20 

Schoodic pond 20 

Second lake 20 

Sibley pond 20-21 

Sandy pond and stream 21-26 

Starbird pond 21 

Staff oird pond 21 

Sheep, protection of 49 

Sawdust, illegal to throw into certain streams 31-32-33 

Sewall's pond, exempted 16 

Sullivan, exempted waters in 16 

SaJmon, definition of 16 

Southeast pond 19 

Stearns pond 19 

Sandy river and tributaries 23 

Small's Falls 23 

Ship pond 24 

Ship Pond stream 24 

Saddleback mountain, streams and pond on 28 

Salmon lake 28 

Salem, streams in 28 

Strong-, streams in 28 

►Sunday pond 30 

Spring lake 30 

Squirrels, protection of 37 

Sale of fish prohibited in certain cases. See Ken- 
nebec and Hancock counties 28-29 

T. 

Trout, close time on 3-4 

Togue, close time on, and ice fishing for 3-4-6 

Thomas pond 18 

Turtle lake, ice fishing i>rohibited in, tributaries 

closed 18-23 

Twin and Doughty ponds » 24 

Transpoirtatlon of moose and deer, game birds and 

fish on payment of a fee 48 



86 

PAGE 

Townsend brook 22 

Taylor pond 22 

Tufts and Button ponds, tributaries closed 22-27 

Trawl, use of prohibited 5-8 

Traps, use of prohibited 5-36-45 

Transportation of fiish 6 

Tag-, to send birds, game and fish 48 

Taxidermists, appointment of 65 

Trout, length of 6 

Thompson pond 19 

Transportation of moose and de«r and birds 48 

Tatlers 44 

Turkey, wild 44 

Tim |and Mud ponds 22-27 

Three-mile pond, ice fishing, and tributaries 19-23 

Trout, sale of prohibited where 28-29 

Two-speck pond 19 

Twitchell pond 19 

Tobey falls 25 

Ten-thousand-acre pond 20 

Tremont, waters in exempted 16 

Tv/in lakes. North and South 20 

Telos lake 20 

Thomas pond, tribu taries of 22 

Tremont, protection of deer in 38 

Trespass law 50 

U. 

Upper Stonie pond 19 

Unity pond 26 

Umbagog lake 24 

Upper Richardson lake, tributaries of 22 

Upper Wilson pond 25 

V. 

Varnum pond, tributaries closed and special law 

on 23-27 

Vaughan stream 24 

Vinal Haven, waters in exempted 16 

W. 

Wolves, bounty on 40 

White perch, close time on 3-4 

Washington county, ice fishing 21 

Washington county, certain waters dlosed 26-30 

Webb pond, tributaries closed 22 

Whetstone pond brook 20-22 

Wilto-n pond, tributaries closed 22 



87 

PAGE 

Webb's river 23 

Whitney pond 19 

Weir, use of proliibited 5 

White fish, Commissioners may grant permission 

to taice 8 

Woodcocli, close time on 42 

Wardens, appointment and duties 50 

Warden must report 56-57 

Wardens may seize game, etc 52 

Wardens may arrest without wairrant 53 

Wardens may seaiveli camps, etc 53 

Wardens may recover penalties, when and how.. 53 

Wardens, falsely assuming to be 52 

Wood, stream and pond 25 

Wild land, camping and kindling fires thereon, etc., 41 

Waldo county, protection of deer in — 38 

Watchic pond. Great, tributaries closed, and ice 

fishing in 18-22 

Ward's pond and brook 29 

Walker's pond 29 

Webster lake 20 

Wilson ponds. Upper and Lower 25 

Wyma;n pond 21 

Weeks pond 21 

White pond 21 

Wardens, deputy, appointment of 51 

Wilson pond (or Wilton pond), close season on, 

and on tributaries 4-22 

Wilkins' bridge 23 

Wilson stream 25 

Wilson iriver 25 

West outlet Modseheiad lake 25 

Waldo county, waters closed in 26 

Wellis poind 30 

y. 

York county, ice fishing prohibited in certain 

waters in 21 

York county, certain waters closed to all fishing 

at all times 26 

York county, protection of deer in 38 



